2013No8666 Forgery, interference with business

A

Prosecutor

Freeboard Kim Woo (Court) (Court of Justice) (Court of Justice)

Attorney B

Incheon District Court Decision 2012 Godan10652 Decided February 19, 2013

July 4, 2013

The prosecutor's appeal is dismissed.

1. The summary of grounds for appeal (the prosecutor’s assertion of unreasonable sentencing)

The punishment sentenced by the court below (one hundred months of imprisonment, two years of probation, one hundred and twenty hours of community service order) is too unhued and unfair.

2. Determination

The crime of this case was committed by the defendant only for the purpose of having a child enter a foreigners' school with no relation to himself/herself, and it was acquired through an emigration intermediary company without any intention to live as a national of that country in the future, and then submitted it to a foreigners' school to interfere with the situation of entrance of the school, and requested the forgery of a private document passport as a means to enter another foreigners' school, and acquired it. The crime of this case was committed by neglecting the nationality of the Republic of Korea such as acquiring a foreign passport under the pretext of education of children rather than by acquiring a foreign passport under the pretext of education of children, and by doing a tort to make a forged passport, it was committed by the majority of the general public that the corrective competition has been conducted through giving equal educational opportunity as provided by the Constitution.

On the other hand, however, the defendant is admitted to a foreigners' school by a student who does not have the qualifications for admission in the surrounding areas. The defendant seems to have committed such crime by taking into account the fact that his or her own child, hearing questions, is good when he or she enters a foreigners' school, and that he or she is deemed to have committed such crime; the defendant, as a family head, is a mother of three children and has lived faithfully without any criminal power; due to the instant case, he or she voluntarily leaves the kindergarten in the course of a foreigners' school and goes through a general kindergarten; the degree of punishment in a similar case and all other sentencing materials revealed in the records, it cannot be deemed unfair that the sentence imposed by the court below is too unreasonable.

3. Conclusion

Thus, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

The judges of the presiding judge, judges;

Judge Roster

Judge Long-term Judge