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(영문) 인천지방법원 2013.07.05 2013노863

업무방해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not recognize that there was an unlawful method in the course of entering a school, and believed that the end-of-the-end passport was issued normally, and there was no intent to accept the outcome of the instant crime. In particular, the Defendant did not have an intention to interfere with the instant crime because H was unaware of the fact that H was joining a foreigners’ school and did not know that the process of entering a school was being conducted. (ii) The sentence of unfair sentencing (two months of imprisonment, two years of probation, one hundred and twenty hours of social service, and confiscation) imposed by the lower court against the Defendant is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. Judgment on the defendant's assertion of mistake of facts

A. According to the evidence duly admitted and examined by the court below and the court below, the following facts can be acknowledged.

1) Foreigners' schools eligible for admission to foreigners' schools are schools established to educate children of foreigners staying in Korea (persons not holding the nationality of the Republic of Korea) who have resided in a foreign country for a certain period of time and have returned home (persons holding the nationality of the Republic of Korea), and to improve the educational environment of the children so as to assist the able foreigners to stay in Korea for a long time.

The purpose of establishment is to establish 51 schools currently in operation.

In order to enter the above foreigners' school, one of the parents is a foreigner, or the child who intends to enter the school is given the qualification to enter the school for more than three years in total under the relevant statutes.

In a foreigners' school, the nationality of the parents is indicated in order to examine the above qualifications for admission after receiving an application for admission from the parents who wish to enter the school according to the prescribed form.