A defendant shall be punished by imprisonment for six 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.

Punishment of the crime

A foreign crew member may obtain a landing permit for up to 15 days while a vessel, etc. on board is anchored at an entry or departure port of the Republic of Korea, and shall not land without such landing permission, and a foreigner may stay in the Republic of Korea only within the scope of his/her status of sojourn and the period of sojourn.

On December 7, 2016, the Defendant: (a) was a foreigner of Indonesian nationality; and (b) when C was anchored at the port of Gyeong Young-gu, Young-gu, Gyeong-do for the purpose of unloading fishing water; (c) on December 10, 2016, the Defendant left the said vessel without permission and landed from the Republic of Korea; and (d) stayed from December 10, 2016 to February 27, 2017 without the status of stay.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to investigation reports (verification of seafarers and investigation reports without permission);

1. Relevant Article of the Act on Criminal Facts, subparagraph 5 of Article 94, Article 14 (1) of the Immigration Control Act (the landing point without obtaining crew member landing permission), Articles 94 subparagraph 7, and 17 (1) of the Immigration Control Act (the point where he/she stays in excess of his/her status of sojourn) of the Immigration Control Act, and the choice of imprisonment, respectively;

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 Criminal Act on the stay of execution (see, e.g., the violation of the instant crime, and the fact that there is no record of crime in Korea);