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(영문) 광주지방법원 목포지원 2016.09.02 2016고단773

제주특별자치도설치및국제자유도시조성을위한특별법위반

Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

If a foreigner who enters the airport or harbor of Jeju Special Self-Governing Province without a visa to sojourn in Jeju-do for tourism intends to move to another area within the territory of the Republic of Korea, the foreigner shall obtain permission for extension of sojourn area from the Minister of Justice

1. Defendant A entered the Jeju Port located in Jeju Special Self-Governing Province without a visa on April 19, 2015, and moved to Daegu Metropolitan City after departing from the port of the end of April 2015 to the port of the Buddhist Area.

Accordingly, the defendant entered Jeju Special Self-Governing Province without visa and moved to another area within the territory of the Republic of Korea without obtaining permission for extension of sojourn area from the Minister of Justice.

2. Defendant B entered the Jeju Port without the visa located in Jeju Special Self-Governing Province on April 19, 2015, and moved to Daegu Metropolitan City after departing from the port located in the end of April 2015, and landing from the port located in the Buddhist Region around that time.

Accordingly, the defendant entered Jeju Special Self-Governing Province without visa and moved to another area within the territory of the Republic of Korea without obtaining permission for extension of sojourn area from the Minister of Justice.

Summary of Evidence

1. Defendants’ respective legal statements

1. The application of Acts and subordinate statutes on each entry or departure record, passport copy, and individual entry or departure status;

1. Article 470 (3) 1 and Article 198 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act of the suspended execution (this case’s charges are recognized and reflected, and there is no record of criminal punishment in the Republic of Korea, and the motive and circumstances leading to the instant crime, the age, character and conduct, environment, etc. of the Defendants);