The accused may stay in the Republic of Korea within the limits of his/her sojourn status and sojourn period as a foreigner of the Myanmar nationality.

On March 5, 2013, the Defendant entered the Republic of Korea as a general training (D4) qualification and stayed until March 5, 2014, but failed to depart from the Republic of Korea on January 31, 2019, and stayed beyond the scope of the period of sojourn.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Accusation of an immigration offender;

1. Application of Acts and subordinate statutes to written notice of examination and decision;

1. Article 94 subparagraph 7 of the Immigration Control Act and Article 17 (1) of the same Act concerning the facts constituting an offense;

1. The reasons for imposing the sentence of alternative sentence of imprisonment with prison labor and the reason for imposing the sentence of illegal stay period, in light of the fact that the criminal liability is not minor, unfavorable circumstances such as the escape without justifiable grounds, the confession of the defendant by an investigative agency, and favorable circumstances such as the fact that the defendant has no record of punishment in the Republic of Korea, shall be determined as ordered by taking into account all the factors of sentencing prescribed in Article 51 of the Criminal Act, including the defendant's age, character and behavior, environment, motive of crime, and circumstances