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(영문) 제주지방법원 2017.04.26 2017고단451
제주특별자치도설치및국제자유도시조성을위한특별법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. If a foreigner who enters the Jeju Special Self-Governing Province without a visa intends to move to another area within the territory of the Republic of Korea for the purpose of establishing the Jeju Special Self-Governing Province and passing through tourism in violation of the Special Act on the Development of Free International City;

The Defendant, who is a Chinese national, entered the Jeju Special Self-Governing Province without a visa, and moved to another region without a visa, and entered the Jeju Special Self-Governing Province without a visa around 20:00 on November 25, 2015, when entering the port located in the Jeju Special Self-Governing Province on November 27, 2015, after being identified by C, who is a brorder for smuggling entering the port located in the Jeju Special Self-Governing Province on November 27, 2015, she boarded a passenger ship after boarding the passenger ship after having arrived at a non-scheduled port located in another region within the Republic of Korea on November 28, 2015.

Accordingly, the defendant entered the Jeju Special Self-Governing Province without the visa and moved to another area within the territory of the Republic of Korea without the permission of extension of sojourn area to the Minister of Justice.

2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the scope of sojourn status and sojourn period.

Nevertheless, the Defendant entered the Jeju Special Self-Governing Province as indicated in paragraph (1) around November 25, 2015, and did not depart from the Republic of Korea until December 25, 2015, which is the period of stay, and stayed beyond the period of stay from December 26, 2015 to February 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of violators of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;

1. Application of the Acts and subordinate statutes on the written accusation concerning violations of the Immigration Control Act;

1. Relevant Article of the Act and Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Act No. 1340, Jul. 24, 2015).

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