제주특별자치도설치및국제자유도시조성을위한특별법위반등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. An alien who enters the Jeju Special Self-Governing Province without a visa to stay in the Jeju Special Self-Governing Province for tourism and passage in violation of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City shall obtain permission for the extension of sojourn area from the Minister of Justice when he/she intends
On December 7, 2014, the Defendant entered the Jeju Special Self-Governing Province without a visa, entered the Republic of Korea as Jeju Special Self-Governing Province, and entered the Republic of Korea from China to Jeju Special Self-Governing Province without a visa. On December 9, 2014, the Defendant on board a ship without a visa using an air code to Jeju Special Self-Governing Province. On December 9, 2014, the Defendant moved to land after having arrived at an unclaimed port in the Republic of Korea, which is an unclaimed vehicle, and moved to land after having arrived at a non-claimed port in the Republic of Korea.
Accordingly, the defendant entered the Jeju Special Self-Governing Province without obtaining the permission of extension of sojourn area from the Minister of Justice and moved to another area within the Republic of Korea.
2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.
Nevertheless, the Defendant entered the Republic of Korea as above 1. and stayed in the Republic of Korea from January 7, 2015 to June 7, 2016 without departing from the Republic of Korea until January 6, 2015, the period of stay.
Accordingly, the defendant was staying in the Republic of Korea with an excessive period of stay.
Summary of Evidence
1. Statement by the defendant in court;
1. Accusation of an immigration offender;
1. Application of the Acts and subordinate statutes regarding the output of the immigration record, and the entry or departure record;
1. Articles 355(3) and 1, and 157(1) of the former Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Amended by Act No. 13426, Jul. 24, 2015); Articles 94 subparag. 7 and 17(1) of the Immigration Control Act; Articles 17(1) of the Immigration Control Act; and choice of imprisonment with labor, respectively.
1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;