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(영문) 수원지방법원 2016.09.22 2016고단4633

출입국관리법위반

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. If a defendant A intends to enter the Republic of Korea, he/she shall undergo an entry inspection by an immigration officer at the entry port;

On August 1, 2016, the Defendant: (a) received tourist visa; (b) arrived at the convenience of Pyeongtaek-si International Passenger Port Liber; (c) but did not enter the port due to unclear purpose of entry; (d) was unable to enter the port due to unclear entry; (c) the Defendant opened a down door while waiting in the exclusive ship room for the repatriation of the said vessel; (d) went off at around 16:50 on the same day while waiting in the exclusive ship room for the repatriation of the said vessel; and (e) went through the parallel of Pyeongtaek-si Port at around 7:50 on the same day.

Accordingly, the Defendant entered the Republic of Korea without undergoing entry inspection by immigration control officials.

2. The defendant B shall not allow any foreigner who has illegally entered the Republic of Korea to conceal or flee the foreigner;

On August 1, 2016, at around 18:54, the Defendant sent a telephone contact to A to guide him/her to enter the restaurant E neighboring F, which is located in Seocho-gu Seoul, Seocho-gu, Seoul, his/her workplace, and around 21:25 of the same day, the Defendant was in the same month as the Seocho-gu Seoul Metropolitan Government G Housing Underground 101, which is his/her residence, around 21:25.

4. By up to 21:38, the person had been in his residence and provided accommodation.

Accordingly, the defendant concealed A who illegally entered the Republic of Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Accusation of an immigration offender;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Defendant A who is subject to the pertinent legal provisions of the Immigration Control Act and the choice of punishment on the facts constituting an offense: Defendant B under Articles 93-3 subparag. 1 and 12(1) of the Immigration Control Act; the choice of imprisonment under Articles 94 subparag. 4 and 12-3(2)1 of the Immigration Control Act;

1. Defendant A entered the Republic of Korea without undergoing an entry inspection for sentencing under Article 62(1)(the following favorable circumstances) of the Criminal Act for the suspension of execution, and Defendant B concealed Defendant A who illegally entered the Republic of Korea.

The Defendants’ act seriously disturbs the order of immigration inspection to be strictly managed.