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(영문) 울산지방법원 2016.05.12 2016고단801

출입국관리법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2015, the Defendant, a foreigner of Chinese nationality, entered as the crew of “C (2.99 tons, total crew members 15)”, a shipper at the port of Ulsan-dong, Ulsan-gu, Ulsan-do, Magsan-dong, the port of which was located at the city at the port, and landed beyond the steel net installed near the nine wharfs at the port of Ulsan-do on the same day on the same day, after leaving the port of 18:38 on the same day.

Accordingly, the defendant landed without landing permission of immigration control officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Commencement report of internal investigation, internal investigation report and investigation report;

1. CCTV photographs;

1. Accusation against the violator of the Immigration Control Act;

1. Application of Acts and subordinate statutes on the examination and decision, notification, and immigration status;

1. Article 94 subparagraph 5 of the Immigration Control Act and Article 14 (1) of the same Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1));