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(영문) 서울북부지방법원 2015.07.15 2015고단1138
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Immigration Control Act;

A. Although anyone is prohibited from employing a foreigner who does not have the status of sojourn eligible for job-seeking activities, the Defendant, from around October 15, 2014 to November 24, 2014, provided that the Defendant granted KRW 1,60,000 per month to Nonparty E (E) who did not have the status of sojourn eligible for job-seeking activities in “D” operated by the Defendant located in Dongdaemun-gu Seoul Metropolitan Government from around November 15, 2014.

B. Although no person is employed by a foreigner who does not have the status of sojourn eligible for job-seeking activities, the Defendant, from November 18, 2014 to November 24 of the same year, provided that the Defendant provided 1,200,000 won per month to 1,20,000 won per month, in Chinese nationals who are unable to engage in simple labor-related business in D.

2. At around 11:10 on March 2, 2015, the Defendant of the obstruction of performance of official duties: (a) stated that “Around March 2, 2015, the Defendant: (b) at the front side of Dongdaemun-gu Seoul Metropolitan Government, the head of the Seoul Eastdong Police Station (Seoul), while driving without wearing a safety cap; (c) attempted to stop the Defendant, and (d) failed to comply with the disposition of notification; (d) sought to take off and depart from the Defendant, and (e) failed to take off the Defendant’s back, she placed a body installed subsequent to the Defendant’s ozone; and (e) failed to take away the key of the Austria; and (e) said H expressed that “A saf saf saf saf saf saf saf saf saf saf saf safs

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to H and I;

1. A written statement of E and F preparation;

1. Accusation of an immigration offender, a notice of decision on examining an immigration offender, a certificate of foreign employment, and a business registration certificate;

1. Application of the Act and subordinate statutes to video CDs and investigative reports (to hear statements by a victim police officer);

1. Relevant Article 136(1) of the Criminal Act concerning criminal facts, Article 94 Subparag. 9 of the Immigration Control Act, and Article 18(3) of the Immigration Control Act.

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