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(영문) 대구지방법원 2013.06.28 2013고단3163
위계공무집행방해교사
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 2013, the Defendant, in front of the Defendant’s home located in Namgu Daegu-gu, the Defendant, on behalf of the Defendant, had the Defendant take the driver’s license examination on behalf of the Defendant, and asked the said D to do so.

Therefore, the Defendant had DD to take the second class ordinary license examination on February 21, 2013, which is conducted at the Daegu Northern-dong 1076-1, Taedong-dong 1076-1.

Accordingly, the defendant instigated D to interfere with the legitimate execution of the Road Traffic Authority leader E, who is supervising the fair execution of the above driver's license examination by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the application list for driver's license tests, the second-class driver's license application list, and the ledger of driver's licenses;

1. Relevant Article of the Criminal Act and Articles 137 and 31 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act requires strict punishment in light of the fact that the crime of this case may cause significant inconvenience to proper driver's license test supervision and supervision and bring about social harm caused by traffic accidents, etc.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the defendant's mistake is recognized and divided, the defendant has no same record, and the defendant's age, character and behavior, career, environment, motive, circumstance, means and method of the crime of this case, and circumstances before and after the crime is committed.

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