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(영문) 부산지방법원 2016.06.01 2016고단2065

제주특별자치도설치및국제자유도시조성을위한특별법위반등

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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.

Reasons

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

The Defendant, who entered the Jeju Special Self-Governing Province without a visa, entered the Jeju Special Self-Governing Province without a visa, entered the Republic of Korea from around October 18, 2014 to Jeju Special Self-Governing Province without a visa, and entered the Republic of Korea from Jeju Special Self-Governing Province to Jeju Special Self-Governing Province without a visa. On October 25, 2014, the Defendant boarded the Republic of Korea to board the ship with his name undissatised entry slabker, and moved the taxi to another area of the Republic of Korea after arriving at an unsatising port within the Republic of Korea.

Accordingly, the defendant entered Jeju-do without obtaining permission for extension of sojourn area from the Minister of Justice and moved to another area within the territory of 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.

After entering the Republic of Korea as described in the foregoing 1. Paragraph (1), the Defendant did not depart from the Republic of Korea until November 17, 2014, which is the period of stay, and stayed beyond the period of stay from November 18, 2014 to April 17, 2016.

Accordingly, the defendant was staying in the Republic of Korea as a foreigner with an excessive period of stay.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A criminal investigation report (Commencement of an investigation) and a criminal investigation report (in case of a local bromoer’s identity);

1. Relevant Article 355(3) and 1, and Article 157(1) of the 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;

1. Aggravation concurrent crimes;