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(영문) 대구지방법원 서부지원 2018.05.03 2018고단1
출입국관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limit of his sojourn status and period;

On September 17, 2008, the Defendant entered the Republic of Korea as a non-professional employment (E-9) foreigner of Switzerland nationality and stayed beyond the scope of the period of sojourn in the Republic of Korea until he/she was arrested at the YY-gu Seoul Northern District, Daegu, on December 12, 2017, despite the expiration of the period of sojourn on July 16, 2013.

2. On December 12, 2017, from around 07:30 on December 12, 2017 to around 07:45 the same day, the Defendant driven a D M& car without obtaining a driver’s license from around the 648-1, Daegu Northern-gu Seoul Northern-dong, to around 7km from around the 648-1, to the same Gu C-do parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Tables of alien records, personal entry and departure status, immigration data, and each fingerprint;

1. Each investigation report (the sequence 12, 16, 19 of the evidence list);

1. Application of Acts and subordinate statutes on accusation against violation of immigration control;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 7 of Article 94, Article 17 (1) of the Immigration Control Act (the point of sojourn in excess of the period of sojourn), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of unauthorized Driving), and selection of imprisonment for each sentence;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have entered the Republic of Korea even in the past, and the Defendant again committed the instant crime after re-entry by stealing the personal information of Hemar E(F), despite the fact that he had been under a disposition of suspension of indictment for the same kind of crime.

In the process, the defendant used a forged passport to the above E with his photograph attached, and in light of the details and contents of the crime and the defendant's history, it is inevitable to severely punish the defendant.

However, it shall be considered in favor of the defendant that all of the crimes of this case are committed.

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