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(영문) 광주지방법원 해남지원 2021.01.07 2020고단453

출입국관리법위반등

Text

A defendant shall be punished by imprisonment for up to eight months and a fine of up to 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person of Vietnam's nationality.

1. Violation of the Immigration Control Act;

(a) A foreigner staying in the Republic of Korea who violates the duty to present his/her identification card, such as a passport, shall always carry his/her passport and other identification cards, and a immigration control official or competent public official shall present his/her passport, etc. upon request for presentation of a passport

Nevertheless, on November 28, 2020, the Defendant did not hold an identification card, such as a passport, even though the Defendant received a report of a traffic accident from the police officer E, who was called to the site after receiving the report of a traffic accident on the front road in front of C in Dondo, Namdo, Donnam-do around 14:48 on November 28, 2020, and did not present it.

(b) Any foreigner who violates the status of sojourn or the period of sojourn may sojourn in the Republic of Korea within the scope of his/her status and period of sojourn;

On June 3, 2019, the Defendant entered the Republic of Korea at a short-term visit (C3) visa and stayed in the Republic of Korea from July 4, 2019 to November 28, 2020 after the expiration of the period of stay, despite the expiration of the period of stay.

2. The Defendant, at the time and place indicated in the above “1-A” paragraph, failed to present his/her identification card, such as a passport, etc., as stated in the above “1-A,” and was arrested by police officers assigned to the D police unit of the police station, and was transferred to the D police unit of the police station of the Republic of Korea, and later, was transferred to the D unit of the police station of the Republic of Korea to the police station of the Republic of Korea.

At around 16:15 on the same day, the Defendant, while waiting in the above D Zone, had attempted to flee out of the said D Zone by taking advantage of the gaps in which police officers' surveillance was neglected while preparing relevant documents.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Investigation reports (verification and attachment of suspect's illegal sojourn information), closure photographs, etc.