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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 22, 2018, the Defendant, at the port of entry into the Republic of Korea, shall undergo an entry inspection by immigration control officials at the port of entry into the Republic of Korea, and the Defendant, from China to Belgium cargo ships (C), was on board the crew at the port of Incheon City, Dong-gu, Incheon, to enter the port of North Korea (the first wharf), the port of North Korea located in Dong-gu, Incheon, Incheon, and entered the port of North Korea (the first wharf), without undergoing an entry inspection using any crebs where expenses were neglected for the purpose of being employed at the domestic construction site, etc.
2. The Defendant was employed as a worker for the production of a mold on the condition that he/she would receive KRW 100,000 per day from F from F in the “E apartment site” located in Cheongju-si, a considerable period from October 23, 2018 to November 9, 2018, without obtaining the status of stay eligible for job-seeking activities.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect with respect to F;
1. Application of Acts and subordinate statutes on police statements made to G, H and I;
1. Relevant Article of the Act on Criminal Facts, subparagraph 1 of Article 93-3 of the Immigration Control Act, Article 12 (1) of the Immigration Control Act (the point of smuggling), Article 94 subparagraph 8 of the Immigration Control Act, Article 18 (1) of the Immigration Control Act (the point of illegal employment), and selection of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62(1) of the Act on the Suspension of Execution provides that the process of prompt arrival of illegal employment by a broker of the reasons for the sentencing of Article 62(1) of the Criminal Act belongs to the unfavorable circumstances.
However, the period of sojourn was limited to the short term due to early arrest, and the period of confinement and edification became time during the period of detention.
When this judgment becomes final and conclusive, it is expected that compulsory prosecution will be enforced in the country of nationality where there is a dependent who will deposit the defendant only.
In consideration of the motive for crime, the suppression of recidivism, etc., the punishment of 10 months of imprisonment shall be determined within the scope of the aggravated punishment, and the execution thereof shall be suspended for a period of two years.