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(영문) 수원지방법원 2014.05.21 2014고단1688
위계공무집행방해등
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

Around June 28, 2000, the Defendant entered the Republic of Korea and departed from the Republic of Korea on March 28, 2003. The Defendant, in a normal way, pretended to be another person to make it difficult to re-enter the Republic of Korea difficult to re-enter the Republic of Korea, and acquired a counterfeited passport under C on June 2010 through a passport brogate, a name non-known in name, and acquired a visa of the Republic of Korea using the above forged passport.

1. On June 9, 2010, the Defendant, at the Incheon International Airport Entry Inspection Center, presented the above forged passport to the public official in charge of entry inspection, and entered the Republic of Korea as if he/she was C.

In this way, the defendant exercised a private document on a forged certificate of fact, and at the same time interfered with the legitimate execution of duties of public officials by fraudulent means.

2. Around June 22, 2010, the Defendant related to a foreigner registration filed a foreigner registration in the name of Suwon Immigration Office, which is located half of the Young-gu, Suwon-si, Suwon-si, and through the representative of the D Company, who is aware of the above circumstances, presented the above forged passport to a public official in charge of a foreigner registration.

In this way, the defendant exercised a private document on a forged certificate of fact, and at the same time interfered with the legitimate execution of duties of public officials by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each registered alien card;

1. An application for foreigner registration;

1. Application of immigration Acts and subordinate statutes for each individual;

1. The point of exercising the pertinent statutory investigative documents concerning criminal facts: Articles 234 and 231 of the Criminal Act that interferes with the performance of official duties by deceptive means: Article 137 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crimes of uttering of perjury documents and fraudulent means under paragraph (1) of the crime committed on the market, the crimes of obstruction of the performance of official duties, the crimes of uttering of falsified documents and the crimes of obstruction of the performance of official duties as stated in the holding

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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