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(영문) 인천지방법원 2018.06.20 2017노877
위계공무집행방해등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Where there are several orders of the judgment, such as examining the scope of the judgment of this court against Defendant A, the partial conviction of Defendant A, the sentence of partial innocence, or imprisonment with prison labor for some crimes, and the sentence of fines against other crimes, etc., the part included in the one part may be separately appealed from other parts, and both parties shall not appeal. In the case where only the prosecutor appealed against the part of the concurrent crimes, the part of the judgment of the court which found the Defendant guilty and the prosecutor did not appeal against the part of the concurrent crimes, the part which found the Defendant and the prosecutor did not appeal against the non-guilty shall be deemed to have been prosecuted against the part of the judgment of innocence which became final and conclusive after the expiration of the appeal period, and the part which was pending in the appellate court shall be reversed (see Supreme Court Decision 91Do1402 delivered on January 21, 192, etc.). According to the records of this case, the court below acknowledged Defendant A's violation of administrative law as to the facts charged against Defendant A, and judged the non-guilty part of the prosecutor's appeal against both parties.

2. The summary of the grounds for appeal (misunderstanding of the legal principle as to the portion of the crime) conspired with each other to submit a false refugee application and lease agreement, etc. to the immigration control office in order to obtain a change in the location of the place of the immigration control office and a change in the status of stay. The Defendants’ aforementioned fraudulent act led the refugee applicants to change the location of the body and change the status of stay.

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