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(영문) 서울남부지방법원 2013.11.12 2013고정3205

밀항단속법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On May 29, 2008, the Defendant entered Japan on May 29, 2008 and stayed illegally, and when it was difficult to enter Japan in a normal way due to the fact that he was forced to leave Japan on May 23, 2009, the Defendant used the ship to provide confidential information to the “B President,” who is not able to identify the identity of the confidential information, paid 7 million won in cash to the “B President,” and went aboard the ship at the port of Busan, which is located in Busan, on November 2009, and left Japan through a port where the name of Japan is unknown after 3-4 days thereafter.

Accordingly, the defendant resisted to an area outside the Republic of Korea without valid proof of passport, etc. issued by the relevant authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to review reports, such as a false or altered passport;

1. Article 3(1) of the Act on the Control of Smugglings (amended by Act No. 7427 of March 31, 2005) and the selection of fines for criminal facts

1. Articles 70 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;