beta
(영문) 창원지방법원 2017.04.14 2017고단679

제주특별자치도설치및국제자유도시조성을위한특별법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant who violated the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City is a foreigner of Chinese nationality who entered the Jeju Special Self-Governing Province through the Jeju Airport without a visa on April 8, 2015.

No foreigner who enters an airport or harbor of Jeju Special Self-Governing Province without a visa to stay in the Jeju Special Self-Governing Province for the purpose of tourism, passage, etc. shall move to another area within the territory of the Republic of Korea without obtaining permission for extension of sojourn area from the Minister of Justice.

Nevertheless, on April 10, 2015, the Defendant boarded the cargo vehicle operated by Jeju Special Self-Governing Province (Seoul Special Self-Governing Province) and moved to land within the territory of the Republic of Korea by arriving at a wooden port located on the coast of Mapopopo City by using the ship, which is located on 182.

2. No foreigner violating the Immigration Control Act shall sojourn in the Republic of Korea after exceeding the scope of his/her sojourn status or sojourn period;

Notwithstanding the fact that the period of stay has expired as of May 8, 2015, the Defendant entered the Republic of Korea as prescribed in the preceding paragraph, and stayed in the Republic of Korea by February 28, 2017, such as Mapo-si, Changwon-si, and Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions concerning facts constituting an offense, Article 355(3)1, Article 157(1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (wholly amended by Act No. 13426, Jul. 24, 2015), Article 94 Subparag. 7, and Article 17(1) of the Immigration Control Act, each of the imprisonment with labor, in respect to the establishment of a Special Self-Governing Province and the Special Act on the Development of Free International City (wholly amended by Act No. 13426, Jul. 24, 2015);

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

1. Sentence of Article 62(1) of the Criminal Act: Imprisonment with prison labor for a year: One year or more; and