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(영문) 서울북부지방법원 2020.01.16 2019노1849
위계공무집행방해등
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

As to the mistake of facts and misapprehension of legal principles (as to the obstruction of the performance of justice in the judgment of the court of original instance), Defendant A did not make a false statement as if D had been born between the above Defendant and the French male in Mongolia, and did not receive a report of birth or a Mongolian passport. A public official belonging to the Incheon Airport Entry and Departure Office (hereinafter “public official in charge”) at the time when Defendant A entered the Republic of Mongolia and Mongolia, he/she knew that Defendant A’s horse (the word “public official in charge”) was false, but he/she left Mongolia due to insufficient examination even though he/she knew that D was born between the above Defendant and the male in Mongolia in Mongolia, and it does not mean that Defendant A caused mistake, mistake, and site to a public official in charge.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

The judgment of the court below on the assertion of mistake of facts and misapprehension of the legal principles as follows recognized by the evidence duly adopted and investigated by the court below, namely, ① In the case of the report of birth of a child born between Mongolian Women and Korean males, the report of birth can not be made in Mongolia; ② Defendant A, the husband of the Republic of Korea, changed the passport of the Republic of Korea on D; ② Defendant A refused this report; Defendant A, the husband of the Republic of Korea; Defendant D’s “ father” attached a birth certificate to the Mongolian Embassy in the Republic of Korea; Defendant A had reported a false birth at the investigative agency as if there was no father of some R; Defendant A had falsely reported the birth of D to the Mongolian Embassy; Defendant A obtained D’s birth certificate and the passport to the public official in charge of D’s departure; and Defendant D’s public official in charge presented D’s passport during the departure process.

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