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(영문) 창원지방법원 2016.12.09 2016고단3699

출입국관리법위반

Text

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

except that 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

No foreign crew member shall violate any condition imposed on landing permission by an immigration control official, and no foreigner shall stay in the Republic of Korea beyond the scope of his/her status of sojourn and the period of sojourn.

Around August 6, 2012, the Defendant entered the Republic of Indonesia as an Indonesia foreigner, as a tourist transit and sojourn status (general visa, B-2-1, and the expiration period of stay, August 21, 2012), and entered the Republic of Korea on August 16, 2012, as a crew member of the Russia Ships E, and went into D on October 9, 2012, after obtaining landing permission from an immigration control official on the condition of examination of the Busan Regional Hospital during the period of October 17, 2012, and went away to Gannam Kim-si, and stayed in the Republic of Korea, including Gannam-si and Chang Chang-gun, by October 25, 2016.

Accordingly, the defendant violated the conditions of landing permission of immigration control officials, and stayed in the Republic of Korea beyond the scope of sojourn status and sojourn period.

Summary of Evidence

1. Defendant's legal statement;

1. The accusation sheet and the list of personal immigration status inquiry;

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

1. Relevant Article 94 subparag. 6, Article 14(3), Article 94 subparag. 7, and Article 17(1) of the Immigration Control Act concerning the facts constituting an offense, the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, home environment, motive and means of crime, and circumstances after the commission of crime, etc., without any criminal records in the Republic of Korea as to the grounds for sentencing under Article 62(1) of the Criminal Act, shall be determined as ordered by the sentence.