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(영문) 수원지방법원 2013.07.03 2013노2256
위계공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 to 18 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the use of a false investigation document, public electronic document, etc., and the use of a false entry, public electronic document, etc.), the Defendant introduced a couple in Vietnam from G to make and deliver a false birth certificate to H in accordance with the direction of the above G. However, the Defendant did not commit the crime of uttering of the above investigation document, public electronic document, etc., false entry, and use of an electronically recorded electronic electronic document, etc., in the judgment of the Defendant, since it was not the Defendant, to issue the above false birth certificate to J and to cause the J to make a false birth report.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. As to the uttering of the above investigation document, the summary of this part of the facts charged and the summary of this part of the judgment of the court below are as follows: the defendant sent a forged birth certificate to the aboveJ on March 6, 2013, which decided that he will serve as a fake parent as stated in the facts charged on March 2, 2013 as stated in the judgment of the court below, and the aboveJ had the aboveJ present it to the public official in charge of the birth report under his name-free circumstance at the community service center located in the Gwangjin-gu, Seoul Special Metropolitan City on March 6, 2013 and had the public official in charge of the birth report under his name-free circumstance and exercised it as if he had been duly formed. The court below found the defendant guilty of this part of the facts charged. According to the evidence duly adopted and examined at the court below's judgment, the defendant forged the above G and the above H and the birth certificate and sent it to Vietnam with a normal passport issued on his child, and the above G shall serve as the applicant for the birth of his child and his child.

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