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(영문) 인천지방법원 2017.02.13 2016고단1249
위계공무집행방해등
Text

Defendant

A shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than a licensed administrative agent, shall engage in business of preparing documents, preparing documents concerning rights and obligations or proving facts, translation of documents related to the affairs of an administrative agency, submission of such documents on behalf of the administrative agency, etc.

Nevertheless, Defendant A, without administrative history, prepared a false refugee application in the Daegu Dong-gu Immigration Control Office located in 71, Daegu Dong-gu, Daegu, Dong-gu, Gyeong-gu, on November 30, 2014, when Defendant A applied for refugee status, Defendant A filed a false refugee application even though the said F is seeking to change his/her status of stay upon filing a false refugee application, notified the receipt of all refugee applications, and received KRW 300,000 from the said F in return for acting as a refugee applicant.

In addition, the Defendant’s indictment was written by the prosecutor on January 19, 2015, and the indictment was written by around February 2015, 2015, such as the statement in attached Table 2 (on February 7, 2015, the date of filing the application for the above item, according to evidence (Evidence No. 67, the date of filing the application for the above item, October 30, 2014, and the date of the last crime was clearly written by October 19, 2015, and even if the Defendant led to the confession of the crime in this part and corrected it, it would not interfere with the Defendant’s exercise of the right to defense. Thus, the Defendant ex officio corrected the application by granting the refugee applicant’s request for the above duties to the refugee management office by means of the method described in attached Table 2, which is the date of filing the application for refugee status, as stated in attached Table 2.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the interrogation of the suspect of the defendant A or E by the prosecution;

1. Each protocol concerning the examination of the police officers against the defendant B, C, D, and G;

1. Each protocol of seizure and the list of seizure;

1. A report on internal investigation (the confirmation of whereabouts, such as H).

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