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(영문) 대구지방법원 2016.06.17 2016고단1822

출입국관리법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 20, 2016, when a foreigner intends to enter, he/she shall undergo an entry inspection by immigration control officials at the port of entry into and departure from the port of entry, but the defendant was on board the cargo ship of Chinese nationality, which was arranged by a person engaged in smuggling entry broker, and entered the port of Busan, beyond the border of the Republic of Korea, without undergoing an entry inspection.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Application of each of the Acts and subordinate statutes in one accusation note against an individual and an immigration offender;

1. The reason for sentencing under Article 93-3 subparag. 1 of the pertinent Act and Articles 12(1) of the Immigration Control Act regarding criminal facts and Articles 93-3 subparag. 1 and 12(1) of the Immigration Control Act (the choice of imprisonment) is as follows: (a) around January 31, 2006, the Defendant controlled the illegal staying person after entering the Republic of Korea at a short-term visit visa around C-3 on May 26, 2008; (b) on October 2008, the Defendant was forced to leave the Republic of Korea; and (c) on May 11, 2011, the Defendant entered the Republic of Korea’s Republic of Korea’s Busan port and entered the Republic of Korea’s port as of May 1, 201 but entered the Republic of Korea as of May 1, 20

However, the sentencing conditions favorable to the defendant, such as the defendant's age, sex, and circumstances after the crime, shall be determined in consideration of all the sentencing conditions favorable to the defendant, such as the fact that the defendant's smuggling and stays in the Republic of Korea for a period of not less than three months, that the defendant has no criminal history, that the defendant has to raise his or her parents and children in China, etc.