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(영문) 부산지방법원 2016.08.10 2016고정1732
업무방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

D had been 53 applicants for E University Military Officers (RTC) and solicited the candidates for E University Military Officers (RTC) to apply for the Class 2 examination for water supply qualification of the first-class students of E University, including the Defendant, around the 54 students in the after-round program, F, G, etc., to the first class examination for the first-class examination for water supply qualification of the first-class students of E University including the Defendant, the first-round program was opened, and the first-round the first-round program, the first-round the first-round-round program and the first-round-round program was called “to inform the applicant of the correct response on the date of the examination.” On December 8, 2014, the first-class test for water supply qualification of the first-class examination conducted by the first-class inspector was recruited with the above applicants, including the Defendant, by means of photographing the answer written by the second-class examination for water supply qualification of the second grade examination conducted by the senior inspector.

On December 8, 2014, the Defendant taken D from the first floor lecture room of the E University School Group building H located in the Geum-gu Busan District, Busan, according to the above public offering, and reported the answer that was laid down in the Kakakao Stockholm room and completed the examination question site.

Accordingly, in collusion with D, G, etc., the Defendant interfered with the test management work of the grading members who can not know the first and name of the victim by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police station against D;

1. Each police statement made against J, K, L, M, N,O, P, Q, R, and S;

1. A copy of the sexual chart, the place of answer, and the place of question;

1. Police seizure records;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Article 314 of the Criminal Act applicable to the crime, Articles 314(1) and 310 of the Criminal Act, and the selection of fines for the crime;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the crime of this case was committed by the Defendant without causing any awareness of, or criminal liability for, the organized test misconduct committed between the military cadets at the time. This case is a matter of course.

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