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(영문) 수원지방법원 안산지원 2019.05.15 2019고정55

출입국관리법위반등

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a foreigner of the People's Republic of China who stays in the Republic of Korea.

An alien staying in the Republic of Korea shall always carry his/her passport, seafarers¡¯ identity document, entry permit for foreigners, foreigner registration certificate or landing permit (hereinafter referred to as " passport, etc.") and present a passport, etc. upon request by an immigration control official or competent public official in connection with his/her duties.

Nevertheless, at around 17:20 on May 30, 2018, the Defendant requested the Defendant to present an identification card, such as a passport, but failed to present it. In the event of the Defendant’s illegal photographing, the police officers sent to the Defendant at the seat of the Library 1068-1, Afol-dong, Afol-dong, Afol-gu, Ansan-si.

2. The Defendant violated the Punishment of Minor Offenses Act, without good cause, was carrying excessive (11 cm in daily length, 21 cm in total) into one’s own money and carried an extension that may cause serious harm to the life or body of a person, without good cause, at the time and place under paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A letter of arrest of a flagrant offender and a report on his/her internal investigation;

1. Application of Acts and subordinate statutes governing seized articles;

1. Article 98 subparagraph 1 of the Immigration Control Act, Article 27 of the Immigration Control Act, which applies to the relevant criminal facts, the selection of punishment, and Article 3 (1) 2 of the Punishment of Minor Offenses Act (the act of carrying a deadly weapon and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the punishments specified for the said two crimes is aggregated);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;