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(영문) 창원지방법원 2017.01.19 2016고단4305
위계공무집행방해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, on November 23, 199, entered the Republic of Korea as a foreigner of his nationality, entered the Republic of Korea on November 26, 2004 with the expiration of the period of stay, and sought to depart from Korea on November 26, 2004 with the expiration of the period of stay, but it was difficult for the Defendant to enter Korea again, but he forged the passport, used it to enter the Republic of Korea to make a foreigner registration, and used it to make job-seeking activities.

1. On October 25, 2012, the Defendant filed an application for a visa for non-professional employment with the Korean Embassy to enter the Republic of Korea, and obtained a visa for non-professional employment (E-9) by submitting a false passport to a public official in charge of being aware of the fact that the Defendant’s personal information was forged “A (E)” as “D (E)” in a document to the public official in charge of being aware of the fact.

Accordingly, the defendant, as a deceptive scheme, interfered with legitimate performance of duties relating to the issuance of visas to public officials in charge of visa issuance.

2. On January 10, 2013, the Defendant applied for the issuance of an alien registration certificate at the former Immigration Control Office located in 857, the former Immigration Control Office located in Seojin-gu, Seoul Special Metropolitan City, and submitted a visa issued through a deceptive scheme at the preceding paragraph as a document evidencing evidence.

As a result, the suspect has interfered with the legitimate performance of duties related to the registration of foreigners by public officials in charge of the immigration control office at the former immigration control office as a deceptive scheme.

Summary of Evidence

1. Statement by the defendant in court;

1. Registered foreigner record list, individual entry or departure status;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 137 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on suspended execution (the confession and reflect of the defendant, the fact that the defendant has no record of punishment while staying in the Republic of Korea, the circumstances of each of the crimes of this case, the circumstances after the crime, etc.);

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