logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.10.25 2018고정173
위계공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a person who naturalization from his/her nationality to the nationality of the Republic of Korea.

On September 27, 2004, while the Defendant married with D who is a Korean national on April 24, 2009, the Defendant filed an application for naturalization on the ground that he/she was married with E who is a Korean national on April 24, 2009 and gave birth to his/her child F on February 2, 2013, on March 17, 2011, on the ground that he/she maintained a normal marital life with D. who is a Korean national.

Since April 2013, the Defendant submitted documents, such as the local family register, to the investigator of the above immigration control office in charge of the fact-finding survey on the applicants for nationality at the immigration control office of the Changwon, in Bangladesh, in which E and his children F are not registered.

In addition, on July 8, 2014, the Defendant obtained permission for naturalization as “the spouse of a foreigner” of the Republic of Korea.

As a result, the defendant interfered with the legitimate execution of duties of public officials in charge of naturalization by fraudulent means.

Summary of Evidence

1. Legal statement of witness G;

1. A protocol concerning the examination of the police officers of the accused;

1. A copy of the application for visa issuance (14-18 pages of investigation records), a copy of the invitation letter (19 pages of investigation records), a copy of the identity guarantee certificate (21 pages of investigation records), a copy of the marriage-related certificate (22-23 pages of investigation records), a copy of the report on the status quo of applicants for nationality (28-29 pages of investigation records), each copy of the D marriage-related documents (49-55 pages of investigation records), and each copy of the reported documents (90-109 pages of investigation records) filed by domestic government offices related to E marriage, respectively (20-109 pages of investigation records).

1. Article 137 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's defense counsel asserts to the purport that the defendant's responsibility is excluded because it is impossible to expect the defendant to make a statement about the mixed facts because there is no possibility of expectation of Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order.

However, it is true.

arrow