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(영문) 서울중앙지방법원 2016.11.02 2016고단4989

위계공무집행방해

Text

Acquittal of the accused shall be acquitted.

Reasons

1. The Defendant, prior to the facts charged, entered the Republic of Korea with Chinese nationality and acquired the nationality of the Republic of Korea by obtaining permission for naturalization from the Ministry of Justice on or around December 9, 2009, but was subject to the disposition of revocation of permission for naturalization on or around November 12, 2013 due to the fact of obtaining the nationality of the Republic of Korea by submitting false documents related to status

Around August 24, 2000, the Defendant, with the knowledge that it is difficult to enter the Republic of Korea for employment by normal means, paid the price to the airbroer for smuggling who works in China, and was employed in the construction site, such as Ansan, Incheon, and macros, going into the port from the port of simple China, and was engaged in occupational activities. On May 10, 2002, the Defendant: (a) visited the Seoul Immigration Office of the Ministry of Justice to report illegal stay to the Ministry of Justice until February 7, 2003; (b) was granted the period of voluntary departure by visiting the Ministry of Justice to report the illegal stay to the Seoul Immigration Office; and (c) was assigned the period of voluntary departure by not later than the above period of voluntary departure without justifiable grounds; (d) was discovered to the public officials belonging to the Ministry of Justice and Immigration Office of Foreign Affairs to find the Defendant's personal information (five years) and forced to leave China around October 15, 2004.

Since then, while seeking ways to re-entry Korea for employment, the Defendant’s father F changed the Defendant’s name from China to “G (G)” and date of birth to “H” and issued the Defendant’s identification card and family register. On March 21, 2005, the Defendant issued a Chinese passport on March 20, 201, stating the English name “G”, “date of birth”, “H birth date”, “the expiration date date”, and “J on March 20, 2010.” After the Defendant divorced from the F, the Defendant came to know K, who was the same parent of the said I, through the J, and married with the said K. On November 8, 2005, the Defendant re-entered the Republic of Korea into the Republic of Korea with the Defendant’s spouse (F-2-1) status of stay on November 18, 2005. < Amended by Presidential Decree No. 19010, Mar. 21, 2005>