logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.06.23 2016고단2177
출입국관리법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Where a foreigner intends to enter the Republic of Korea, he/she shall undergo an entry inspection by immigration control officials at the entry or departure port.

On January 26, 2015, the Defendant had been working as a crew member of the “C” cargo ships of nationality, which had been in the city from January 26, 2015, and had been employed in the Republic of Korea as a foreigner with Vietnam’s nationality.

On January 4, 2016, at around 16:30, the Defendant: (a) entered the 2nd line of the Incheon Northern Port D wharf to anchor; (b) left the said vessel without permission on January 6, 2016; (c) cut it by using a locker prepared for a security fence installed on the said wharf; and (d) entered the Republic of Korea without undergoing an entry inspection by leaving the said crepits.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the Acts and subordinate statutes on accusation of immigration offenders shall apply to a copy of the seafarer pocket book, the crew list, the details of forwarding, the master's report, each investigation report (the suspect A arrested process, the investigation process of the suspect's illegal employment and construction site), and

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 is that the crime is bad by damaging the security fence installed at the wharf using a cutting machine for the sentencing of Article 62(1).

After illegal entry, the daily allowance was received from the construction site of the tent, etc., and the three months before the arrest was made, and there was no other crime.

In this context, the sentencing conditions specified in the argument of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, shall be determined as per the disposition.

arrow