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(영문) 수원지방법원 2016.08.11 2016고단3661
출입국관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On May 5, 201, the Defendant violated the Immigration Control Act was allowed to enter Korea on May 5, 201, according to the Visa Exemption Agreement (Status B1) and stay in Korea for 90 days.

Although a foreigner could sojourn in the Republic of Korea only within his/her sojourn status and the period of sojourn, he/she continued to stay in the Republic of Korea without extending the period of sojourn or leaving the Republic of Korea even after the expiration of 90 days on August 3, 2011.

2. On June 19, 2016, the Defendant was driving a ESF rocketing car without obtaining a driver’s license from around 4 km to the front road of the 1225-6 LPG charging station, which is located in the 1225-6, as the wife population, from the front road of the LPG charging station, to the front road of the GPG, which is located in the 125-6 wife population C.

3. On June 19, 2016, the Defendant discovered the Victim G (32 tax) who is a member of the G (32) boundary of the Yongsan-dong Police Station F of the Yongsan-dong Police Station that controlled the driving of alcohol while driving the EF rocketing car on the front of the LPG charging station located in 1225-6, as the wife population, in front of the 1225-6 LPG charging station.

Therefore, it is difficult for the Defendant to be aware that he is an illegal staying person up to the road prior to the point D in the wife population C, thereby driving the said vehicle without complying with the crackdown on driving of alcohol. On the other hand, the Defendant continued to get off the said vehicle and tried to escape about about 10 meters by getting off the vehicle, and attempted to arrest the victim by scambling his seat, and plicked the victim's fourth hand to the right side of the victim in order to escape arrest.

As a result, the Defendant interfered with the legitimate execution of duties for the arrest of police officers by such a method, and at the same time, the Defendant inflicted an injury upon the victim, who was in the vicinity of the fourth dial area in need of approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Accusation of an immigration offender;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act concerning facts constituting an offense;

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