beta
(영문) 제주지방법원 2013.10.01 2013고정719

밀항단속법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Despite the fact that illegal stay in Japan was discovered on January 22, 2008 and forced departure from Korea, the defendant was unable to go to Japan due to the difficulties in issuing a passport by normal methods, seaman’s pocketbook, or other valid proof necessary for departure from Korea, and when he was unable to go to Japan due to the difficulties in issuing a passport by normal means, the defendant was determined to go to Japan. On July 1, 2008, around 23:00 on July 1, 2008, 500 won was paid to the broders (the last half of 50) on the outer coast of Busan to the brods (the last half of 50) on which the name of the ship cannot be identified and went to Japan on board the cargo ship at the port on which the name of the ship cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. The application of Acts and subordinate statutes to report on compulsory repatriation of illegal aliens and one-day work experience;

1. Relevant legal provisions and the choice of punishment for a crime: Article 3(1) of the former Stows Control Act (amended by Act No. 11807, May 22, 2013); the selection of fines

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

1. Provisional payment order: A sentence shall be determined as ordered by taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal circumstance: The recognition of and reflects on the facts of a crime, and circumstances to be considered in the course of a crime: The fact that a non-detained case was pending (this Court Decision 2008 Godan556) for another case and is a crime under trial: the defendant's age, family relationship, etc.