beta
(영문) 서울중앙지방법원 2016.02.12 2015고단6935

위계공무집행방해등

Text

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

Reasons

Punishment of the crime

On April 14, 2004, when the defendant was nominated as a suspicion of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and was staying in China using a passport of the Republic of Korea issued under another person's name on January 26, 2005, the defendant was willing to obtain a passport in the name of China and to enter Korea. On September 2010, 2010, the defendant was issued a passport ( passport number F) of D (D and E) who was issued by unlawful means after having requested the issuance of a passport.

On December 12, 2010, the Defendant presented D’s passport to an immigration inspection official working at the Jeju International Airport at the Jeju Special Self-Governing Province, Jeju Special Self-Governing Province, which was located at the Jeju Special Self-Governing Province, upon examining entry and departure, and the Defendant, upon acting as a Chinese national D and passed the entry and departure examination. From March 22, 2012, the Defendant entered the Republic of Korea using D’s passport to which the Defendant was unlawfully issued 13 times in total, as shown in the list of crimes in the attached Form, from that time.

In this respect, the Defendant interfered with the legitimate performance of duties by public officials belonging to the Jeju Airport Immigration Management Office of Ministry of Justice who examine entry into and departure from the Republic of Korea by presenting a valid passport in the name of China, and entered or depart from the Republic of Korea with a valid passport.

Summary of Evidence

1. Statement by the defendant in court;

1. Comparison of photographs of the accused with D;

1. A copy of D passport, or a copy of an application for issuance of passport;

1. Report on investigation (the analysis of the accused's fingerprints and fingerprints, status of entry and departure of the accused);

1. A written accusation;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Article of the Criminal Act and Article 137 of the Criminal Act (Interference with the performance of official duties by fraudulent means) regarding criminal facts and Article 94 Subparag. 1, 3(1), 95 Subparag. 1, and 6(1) of the former Immigration Control Act (Amended by Act No. 11224, Jan. 26, 2012) (amended by Act No. 11224, Jan. 26, 201).