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(영문) 부산지방법원 2021.03.24 2021고단419
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a foreigner of the Myanmar nationality, and is a member of the "B", who is a steel materials transport carrier of Korean shipment.

If a foreigner intends to enter the Republic of Korea, he/she shall undergo an entry inspection at the entry or departure port.

Nevertheless, on January 16, 2021, the Defendant had the mind that the said “B” was anchored to D’, which is located in the Young-gu, Busan Metropolitan City, to engage in job-seeking activities without being granted the status of stay by weathering it. On January 21, 2021, around January 18, 2021, the Defendant moved the said “B” D to the “F” located in E in the racing-si, where the person who is the nationality of the Myanmar who was the nationality of the Myanmar and went away from the taxi.

Accordingly, the defendant who is a foreigner entered the country without undergoing an entry inspection.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes on accusation of any immigration offender, such as an information report on the escape of the Myanmar seafarer without permission, a statement on the details of the escape of the captain of the ship, a copy of the passport and the pocket book of the crew, the report on ocean-going ships and the list of crew members, personal immigration status (including entry and departure records), investigation report (

1. Relevant Article 93-3 of the Immigration Control Act, Articles 93-3 and 12 (1) of the Immigration Control Act, and selection of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the crime of this case committed closely entering the Republic of Korea for a certain period and staying there is no such an act that may undermine the safe border control through the immigration control of the Republic of Korea and the maintenance of social security and order.

However, under favorable circumstances such as the fact that the defendant is seriously against the defendant, the motive and circumstance of the crime may be considered, the first offender, etc., and the punishment shall be determined as ordered in consideration of the defendant's age, sex behavior, environment, circumstances after the crime, etc.

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