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(영문) 서울북부지방법원 2015.01.29 2014고단4022

위계공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 1, 1997, the defendant introduced class C of class 3 intellectual disability from adjoining neighbors in his name and living together.

On the other hand, China's nationality D entered the Republic of Korea with a false marriage report and a visa for residence after having not been married with C. On November 15, 2006, after having applied for foreigner registration and permission to extend the period of sojourn on October 31, 2007, but upon receiving the permission to stay until October 31, 2007, on October 17, 2007, upon receiving a statement that C did not live with D when applying for permission to extend the period of sojourn on December 28, 2007, it became an illegal stay status upon receiving a decision to refuse the extension of the period of sojourn on December 28, 2007.

D was exposed to the Seoul Immigration Office on July 28, 2010 and protective measures were taken, D suggested that the defendant made a statement as if the marriage was genuine and made so that C can obtain the permission of stay on condition of paying a certain price, and that the defendant accepted this.

1. Around August 6, 2010, the Defendant knew that the marriage between D and C was not genuine, the Defendant had C prepare a written application with the content that “C was able to live together in the future as D was shot due to mental problems, and as D was an illegal stay.”

Around August 11, 2010, the Defendant had the Seoul Immigration Office, located in 151 Dong-dong, Yangcheon-gu, Yangcheon-gu, Seoul, to appear together with C, and requested that D take measures to protect D from a public official in charge, who is aware of such fact, by submitting the aforementioned written coal application and C’s psychologic spirit and medical record, etc. to E, and submitting “C frequently coming out of Korea due to mental illness, was boomed in park, etc., with her husband’s support.”