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(영문) 수원지방법원 2015.10.15 2015고단3634
위계공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The defendant was a foreigner of the nationality of Pakistan, and the status of stay for technical training (D-3) on November 12, 2002, after entering the Republic of Korea on October 24, 2003, changed the status of stay to the employment for training (E-8) on October 24, 2003, and was engaged in job-seeking activities on the (State) Won-ri 345-20 of the Yongsan-si, Yongsan-do, Yongsan-do.

On November 1, 2005, before the expiration date of the period of stay, the defendant was found to have illegally stayed on October 30, 2007 and was subject to a disposition of visa control three years at the Ministry of Justice's Immigration Office and forced to leave on November 2, 2007.

Although the Defendant sought to enter the Republic of Korea for the purpose of domestic job-seeking activities, the Defendant’s personal information no longer exists in the Republic of Korea due to the above criminal acts, and thus, did not enter the Republic of Korea with the name and date of birth of another

Therefore, the Defendant received a passport with false personal information stated in the name column, “D”, “E”, and “F” in the passport number column in an abnormal manner to the broman C engaged in activities in Pakistan.

2. On November 21, 2009, the Defendant of the obstruction of performance of official duties in charge of entry inspection submitted a passport issued falsely as above to the public official in charge of entry inspection at the Incheon International Airport Entry Inspection Station, while hiding it during the visa control period, and submitted an entry inspection report prepared by the public official in charge of entry inspection as if the personal information recorded in the passport made falsely was his/her actual personal information.

Accordingly, the defendant interfered with the legitimate performance of duties by public officials in charge of immigration duties in the Incheon International Airport Entry Inspection Center by fraudulent means.

3. The defendant of obstruction of the performance of official duties by fraudulent means with respect to foreigner registration is at the Seoul Immigration Office of the Ministry of Justice, which is located in Yangcheon-gu Seoul Metropolitan Government, 151 on September 28, 2010.

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