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(영문) 수원지방법원 2013.08.21 2013고단3430

위계공무집행방해

Text

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

However, 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

The defendant entered the Republic of Korea as industrial trainee on December 28, 1999 and went to an escape without permission from the Dispute Settlement Bank Co., Ltd., a factory of which he was a factory, and the domestic period of stay expires, and is a foreigner of the Republic of Korea who has been forced to go to the Philippines on February 17, 2005.

The Defendant, as seen above, went through forced expulsion, led to the misunderstanding of immigration officials in charge of entry permission and obtaining permission for extension of the period of stay for foreigners by forging their status by changing personal information, such as their names and dates of birth, etc. that make it difficult for them to find employment after re-entry into the Republic of Korea according to normal procedures.

On March 23, 2006, the Defendant applied for issuance of the identification card under the name of his spouse D and date of birth, E) in his spouse’s friendship viewing on the basis of the Philippines, obtained a false identification card on which D’s personal information is written and his photograph is attached, and on April 23, 2006, applied for a passport in accordance with the above identification card as stated in the above identification card from the Government of the Philippines on May 23, 2006, and entered Korea on June 19, 2007 by using the passport. < Amended by Presidential Decree No. 19804, Jun. 19, 2007>

1. Performance of official duties by fraudulent means related to entry inspections;

A. The Defendant left the Philippines on May 17, 2010, and returned to the Republic of Korea through the Incheon International Airport located in Jung-dong, Jung-gu, Incheon on June 12, 2010, and, at the Incheon International Airport entry inspection center, presented a passport (a passport number:F) issued under the above name-free official in the Incheon International Airport entry inspection center, thereby allowing immigration control officials to enter the Defendant.

B. The Defendant is willing to renew the passport in the name of D above with the expiration date of the above passport ( May 23, 2011).