206 Highest 2542 Obstruction of Performance of Official Duties by Fraudulent Means

1. 00, public officials; and

Residence

Permanent domicile

2. Instructors of 000 driving schools;

Residence

Permanent domicile

Mobile Notes

Attorney Lee Do-young (Law Firm 000, Counsel for defendant-appellant)

Attorney Lee Do-young (Law Firm 000, Counsel for defendant-appellant)

September 29, 2006

Defendant 00 shall be punished by imprisonment with prison labor for ten months, and by imprisonment for one year and six months.

Of the detention days prior to the rendering of this judgment, 21 days for the defendant, and 30 days for the defendant 00 shall be included in the above sentence against the defendants.

However, from the date of the conclusion of the judgment, the execution of each of the above punishment against the Defendants is suspended for two years from the date of the judgment.

Facts of crime

Defendant 00 is the head of 00 Gu, Defendant 00 is an instructor of water supply and waterworks. Defendant 00 applies for the above examination on behalf of Defendant A and Defendant 00 to take the high school entrance examination and the high school entrance examination on behalf of Defendant A and 3 million won for each examination. On February 22, 2003, in the office of receipt of the application for examination of the Incheon Metropolitan City Office of Education located in the Dong-gu Incheon Metropolitan City, Incheon Metropolitan City, there was an application for examination on behalf of Defendant 00 to take the examination on behalf of Defendant A and to take the examination on behalf of Defendant A and to take the examination on behalf of Defendant A and to take the examination on behalf of Defendant 1 on April 5 of the same year; Defendant 00 to take the examination on qualification of high school located in the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City Office of Education on behalf of Defendant 20 to take the examination on qualification of Defendant 1 on behalf of the public official in charge of the above public official in charge of the official in charge of the examination on qualification examination on behalf of Defendant 30.

Summary of Evidence

1. Defendants’ respective legal statements

1. Entry of the Defendants in each protocol concerning the interrogation of suspects by the prosecution

1. Entry of aa in the protocol of interrogation of suspects and the protocol of statement of the prosecution in relation to aa;

1. A copy of the application for the qualification examination for admission to high school, and each description of the application for the examination and public notice of graduation from each high school;

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment (the Defendants)

Articles 137 and 30 of the Criminal Act (Selection of Imprisonment)

1. Aggravation (Defendant 000)

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Inclusion of the number of days pending trial (the Defendants)

Article 57 of the Criminal Code

1. Suspension of execution (the Defendants)

Article 62 (1) of the Criminal Code (The circumstances shown in the reasons for sentencing to be considered later)

The reasons for sentencing against the Defendants

1. The reason for sentencing against Defendant 00 was that Defendant 00 was elected to the head of Gyeonggi University in order to supplement his insufficient educational background while in office in Seoul Special Metropolitan City by having Defendant 1 apply for a high school graduate education by proxy in order to obtain a high school graduate education, based on this, Defendant was elected from the national local election implemented on May 2006. In light of the fact that Defendant was aware of his basic self-sufficiency as a public official and was in a deceptive way, thereby hindering public service by providing false information in the election process, Defendant’s decision-making is inevitable. However, even in a difficult environment, Defendant made efforts to develop himself, and served for Yangcheon-gu residents during a long period of time. Defendant was able to overcome the compacts according to the school punishment system, which is one of the unreasonable landscape of our society, and caused the crime of this case, and the Defendant’s decision-making should be deferred by taking into account the following factors: (a) the Defendant’s execution of the sentence is inevitable; and (b) the Defendant made efforts to implement the sentence for a long period of time.

2. Although the nature of the crime of this case committed by the defendant in the reason of sentencing against the defendant 000 is not less than that of the crime of this case, the defendant is the first offender and is in depth against the crime of this case. In addition, the execution of the sentence against the defendant shall be suspended by considering the sentencing conditions under Article 51 of the Criminal Act.

Judges Park Jong-sung