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(영문) 서울남부지방법원 2013.03.13 2013고정201
위계공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a Chinese worker who has acquired the nationality of the Republic of Korea in a construction site. From November 7, 200 to May 13, 2004, the defendant knew that he could not acquire the nationality of the Republic of Korea, while having been engaged in illegal stay in the Republic of Korea with a maritime smuggling entry from November 7, 200 to May 13, 204.

On November 21, 2006, the defendant concealed the fact that he had been illegally entering the country in Yangcheon-gu Seoul Immigration Office located in Yangcheon-gu Seoul, Seoul, and submitted an application for permission of naturalization, a written statement of naturalization, and a written statement of naturalization, as if he had already entered the Republic of Korea as the child of B who had already acquired nationality, and obtained permission of naturalization from the Minister of Justice on June 22, 2009.

As such, the Defendant: (a) obtained permission for naturalization as if he concealed the past illegal entry; and (b) obstructed the nationality affairs of public officials in charge of the Immigration Office through a deceptive scheme.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning notification of decision on examining an immigration offender, a written investigation of illegal entry, a statement of naturalization, and permission for naturalization;

1. Relevant Article of the Criminal Act and Article 137 of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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