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(영문) 수원지방법원 2014.06.11 2014고단2235
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

On October 4, 2004, the Defendant entered the Republic of Korea and departed from the Republic of Korea on November 17, 2005. The Defendant, who was unable to re-enter the Republic of Korea by normal means, obtained a passport with false descriptions of his personal information, and decided to enter the Republic of Korea. On September 201, 2010, the Defendant obtained a false passport under C’s name from the competent authority located in Vietnam, and used the passport to acquire the visa of the Republic of Korea.

1. On March 30, 2011, the Defendant, at the Incheon International Airport Entry Inspection Center, presented a passport issued as above to the public official in charge of entry inspection and entered the Republic of Korea as if he was C.

In this way, the defendant interfered with the legitimate execution of official duties by fraudulent means.

2. Around April 15, 2011, the Defendant related to a foreigner registration filed a foreigner registration under C’s name by presenting a passport issued falsely to a public official in charge of a foreigner registration through D employees who are not aware of the aforementioned circumstances at the Incheon Immigration Office’s place of calculating the Madon 4-ro, Ansan-si.

In this way, the defendant interfered with the legitimate execution of official duties by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Each registered alien card;

1. The entry or departure status of each individual;

1. A copy of each entry declaration and a copy of an application for alien registration;

1. Application of a copy of passport or a copy of foreigner registration certificate;

1. Article 137 of the Criminal Act and the choice of punishment for the crime, Article 137 of the Criminal Act and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

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