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(영문) 춘천지방법원영월지원 2020.10.13 2020고단375

출입국관리법위반등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 7, 2006, the Defendant violated the Immigration Control Act, who entered the Republic of Korea as a non-professional employee visa (E-9) on February 7, 2006, and stayed in Korea until August 21, 2020 after the expiration of the period of stay.

Accordingly, the defendant was staying beyond the scope of the period of sojourn.

2. A theft Defendant: (a) around 00:45 on August 21, 2020, 00: (b) around 00:45, the Defendant: (c) placed the entrance door of a vehicle not corrected; (d) opened the entrance door of the vehicle in front of the Cmate located in the Gangwon-gun Group B; and (e) cut off the vehicle and driven the vehicle using a train with the vehicle located in the vehicle.

3. A violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (driving without a license) were driven by the Defendant at the front of the Cmaart parking lot located in Cmate Line B, Gangwon-do, to the front road of the Cmaart entrance, without obtaining a driver’s license, at a level of about five meters and without driving a 0.296% alcohol concentration, while under the influence of alcohol.

4. The Defendant causing property damage, at the time and place set forth in the above paragraph 2, driven the ewing 3 cargo vehicles owned by the victim D, and brought the stairs installed in front of the Cmaart entrance. In order to take out the Defendant’s body inside the vehicle without the vehicle door, the Defendant damaged the above ewing 3 truck by cutting the front glass window of the above ewing 3 truck by hand.

Summary of Evidence

1. The defendant's defense counsel at the court statement of the defendant is acknowledged as facts about larceny, and there is a question as to whether the crime is established in the form of a legal principle. However, considering the circumstances acknowledged by the evidence duly adopted and investigated by the court, the defendant's intentional driving of larceny is recognized.

The above argument is without merit.

1. Written statements of D;

1. The occurrence report, accident site photographs and the circumstances of the driver;