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

Where a foreigner intends to enter the port of entry, he/she shall undergo an entry inspection by an immigration control official.

The defendant, who was a national of the People's Republic of China, entered the country as a short-term visit (C-3) on August 26, 2003, and was staying in Korea on September 10, 2003, which was the expiration date of his stay, and was detained on December 7, 2014 and forced to leave Korea through the Kim Sea Airport around December 12, 2014.

그 후 피고인은 대한민국에서 다시 돈을 벌기 위해 대한민국에 입국하고자 하였으나 불법체류 전력으로 인해 재입국이 금지되자 대한민국으로 밀입국하기로 마음먹고, 중국 현지의 성명불상 밀항 브로커를 통해 소개받은 성명불상의 중국인 남성의 안내로 2015. 2. 12. 새벽 시간경 중국 톈진(Tianjin)시 부근 해안에서 선박에 탑승한 후 약 3일간의 항해로 대한민국 서해의 공해상을 거쳐 2015. 2. 15. 22:00경 전남 목포시에 있는 불상의 해안에 상륙한 다음 입국심사를 받지 아니한 채 번호불상의 택시에 탑승하여 경남 양산시로 이동하여 입국하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A written accusation against an immigration offender at Busan Immigration Office;

1. Application of Acts and subordinate statutes on the immigration status of individuals;

1. Article 93-3 subparagraph 1 of the Immigration Control Act and Article 12 (1) of the same Act, the choice of applicable laws and punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant was forced to leave the country on December 2, 2014 due to an illegal stay, and the nature of the crime is not good. However, the defendant is against the defendant, there is no record of criminal punishment in Korea, and there is a family member to support China, and other circumstances favorable to the defendant.