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(영문) 창원지방법원 2016.10.26 2016고단2913
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. On June 9, 2016, the Defendant of the obstruction of performance of official duties by fraudulent means is a foreigner of the Republic of KIKO who entered the Republic of Korea with a visa (H-2). On April 22, 2016, the Defendant was issued a visa by submitting a forged birth certificate, a mother’s birth certificate, and a visa for visiting employment (H-2) issued only to the Korean national of the Republic of China and Gu Sovietan area by submitting a false birth certificate as above, along with a false birth certificate (H-2) around April 22, 2016, at the Embassy of the Republic of Korea where No. 35 is located.

Accordingly, the defendant, in collusion with the person who was not injured in his name, interfered with legitimate performance of duties relating to the issuance of visas to public officials in charge of visa issuance by the Embassy of the Republic of Korea.

2. No person who violates the Immigration Control Act shall apply for a false visa or visa issuance certificate, or mediate such application.

Nevertheless, at the same time and place as mentioned in the preceding paragraph, the Defendant applied for recognition of the issuance of a false visa in collusion with the person who has been absent from his name by using a forged birth certificate, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application for a visa, copy of birth certificate, or accusation for an immigration offender;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 137 of the Criminal Act, Article 94 Subparag. 3 of the Immigration Control Act, Article 7-2 Subparag. 2 of the Immigration Control Act (the point of application for a false visa), Article 30 of the Criminal Act, the choice of imprisonment for a crime

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

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of recommendation] The basic area of obstruction of performance of official duties (referring to the obstruction of performance of official duties by fraudulent means).

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