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(영문) 광주지방법원 목포지원 2015.11.13 2015고단1257
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a foreigner of nationality of the People's Republic of China.

Although a foreigner intends to enter the Republic of Korea at the entry port of entry into the Republic of Korea, the defendant paid 50,000 bills to his nameless person in China, and planned to enter the Republic of Korea without undergoing an entry inspection. On July 10, 2013, at around 21:00 of the same day, he entered the Republic of Korea without undergoing an entry inspection by an immigration control official at the entry port of entry and departure port.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Status of entry or departure of each individual;

1. Application of Acts and subordinate statutes to investigation reports (for suspect identification information search and record inquiry of immigration offenders), and output of a system for sharing foreign information (A);

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 grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are deemed to have taken into account the following factors: (a) the accused appears to have committed the instant crime while recognizing the error; (b) the accused has no past record of criminal punishment in the Republic of Korea; (c) the family to support China; and (d) the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime; and (c) the sentence against the accused shall

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