2012 Highest 1448 Performance of Official Duties by Fraudulent Means

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Accommodation-si

Sri Lanka: the place of registration

Song-gu (Lawsuits) and Kim Jong-hee (Trial)

Attorney Shin-hee (National Ship)

July 20, 2012

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Facts of crime

On March 12, 1997, the defendant, who had entered the Republic of Korea for employment on May 12, 2006, and was forced to leave the Republic of Korea on May 12, 2006, had a foreigner forced to leave the Republic of Korea enter again with a visa issued by the Republic of Korea by forging the identification card, and on January 2006, the defendant asked that the foreigner would be unable to enter the Republic of Korea again with a visa issued by the Republic of Korea. The defendant stated 80,00 won in Korea and the defendant's photograph should be recorded as "the date of birth from such Brazil 18,000" on February 18, 197, 1997, * 200,000,000,0000, 100,0000,0000,000,000,000 * 17,000,000,00,000

5. On September 21, 201, the Daejeon District Immigration Office located in Daejeon, Daejeon, Daejeon, 16 - 8, made a foreigner registration by requiring a public official in charge of foreigner registration to submit a visa illegally issued as above to the ○○ Industrial Representative dedicated to the dedicated dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated

5. On October 24, 201, when entering the Republic of Korea through Incheon Airport, a public official of the Immigration Office in charge of entry inspection presented a visa illegally issued in the above-mentioned manner to enter the Republic of Korea, thereby hindering public officials in charge of entry and departure affairs, such as visa issuance, entry and departure inspection, and foreigner registration, from performing their legitimate duties, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The investigation report (general) - The arrival and arrest process of the investigation / The investigation report (general) - the appendix of data relating to the alien registration and the entry into and departure from the Republic of Korea / The investigation report (general) - appendix photographs of the suspect to the suspect / the investigation report (general) - appendix such documents as an application for the recognition of visa issuance and specific relation

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 137 of the Criminal Code, Selection of Imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following circumstances are considered in light of the reasons for sentencing)

The reason for sentencing is for the crime of this case in light of the method of the crime of this case and the degree of interference with the execution of official duties. However, the punishment of this case like the order shall be determined by comprehensively taking into account the following factors: (a) although the defendant is under all the crime of this case and there was no past record of criminal punishment; (b) whether the defendant should support his family, including his mother who is under navigation cancer treatment, with difficulty in living life of the defendant; and (c) the decision is expected to be forced to leave when it becomes final and conclusive.

Judges Man Sung-su