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(영문) 인천지방법원 2013.07.04 2013노840
업무방해등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and two months of imprisonment) is too unreasonable.

B. Defendant C, E, and F had no intention or intention, and Defendant C, E, and F had been believed to legally acquire the nationality of Guatema or Kobal in accordance with the explanation and instruction of the representative Y, etc. of AA, a company specialized in emigration brokerage, and they believed to have been issued a normal passport based on their nationality. Since Defendant C, E, and F had submitted a copy of the passport acquired through the above AA corporation to enter a foreigners’ school and had a child enter the foreigners’ school, it cannot be said that the above Defendants did not interfere with the situation of entrance of the foreigners’ school, or even if it did not actually acquire the nationality of Guatema or Kobal, there was no intention to interfere with the business. 2) Although the above Defendants C, a person in charge of the affairs of entering the foreigners’ school of AG, who was lawful and effective, even though he was aware of the fact that he did not obtain the nationality of Guatema, it cannot be said that the above Defendants interfered with the entrance of the foreigners’ school.

3) Although the absence of a causal relationship (Defendant F) was forged, even if the copy of the passport submitted by Defendant F was forged, the above foreigners’ school did not examine whether it was false or not and examine the falsity of the explanatory data, and as such, Defendant F did not properly examine it, and thus, it cannot be deemed that there was a causal relationship between Defendant F’s act and the fact that the work of Defendant F was obstructed. 4) and the punishment (Defendant C: imprisonment for eight months, suspension of execution for two years, suspension of execution for one hundred and twenty hours, community service, Defendant E, and F: Each imprisonment for ten months, suspension of execution for two years, and community service for one hundred and sixty hours) imposed by the lower court is too unreasonable.

C. The public prosecutor (defendant B and C) is the defendant B.

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