However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Where a foreigner intends to enter the Republic of Korea, he/she shall undergo an entry inspection by immigration control officials at an entry and departure port.

Nevertheless, on March 15, 2006, the defendant, a foreigner of Chinese nationality, was forced to leave Korea due to illegal stay in Korea, and on August 9, 201, the defendant attempted to enter Korea with a passport under the name of another person on August 9, 201, and the refusal to enter Korea makes it difficult to enter Korea due to the fact that the entry was refused, and after entering China as a seafarer, entered China, entered the ship as well as entered Korea, he did not undergo an entry inspection and entered Korea,

On August 31, 2016, the Defendant boarded at the Cheongdo Island of China as a crew member of the cargo line C, a cargo line going to China, and entered the Republic of Korea without undergoing an entry inspection on September 3, 2016, when the said vessel was anchored at the port of Busan on September 3, 2016. On September 4, 2016, the Defendant: (a) went to the port of Busan on September 4, 2016; and (b) 460 meters away from the sea to the sea; and (c) entered the Republic of Korea without undergoing an entry inspection by means of hedging up

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Investigation report (record entry into and departure from ships on board) - Entry into and departure from ships, entry into and departure from ships, crew list, and entry into and departure from ships;

1. Investigation report (ages of escape from suspect) - Application of escape route, on-site inspection photographs and outputs-related Acts and subordinate statutes;

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 93-3 subparagraph 1 and 12 (1) of the Immigration Control Act (Selection of Imprisonment);

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act in the suspension of execution is deemed to be a foreigner’s entry into the Republic of Korea as the defendant, who was a foreigner, forced his illegal stay to leave the Republic of Korea, attempted to enter the Republic of Korea with a passport in another person’s name, and thus his refusal to enter the Republic of Korea

However, the sentencing conditions in the records, such as the defendant's age, occupation, character and conduct, family relation, motive and background of the crime, and circumstances after the crime before and after the crime, shall be determined by considering the following factors.