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(영문) 수원지방법원 2017.03.09 2017고단687
출입국관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, each of the violation of the Road Traffic Act (unlicensed driving) is considered.

Reasons

Punishment of the crime

1. An immigration control official shall undergo an entry inspection at the entry port with a valid passport and a visa issued by the Minister of Justice when a foreigner enters the Republic of Korea;

Nevertheless, on February 2, 2016, the Defendant paid 100,000 consolation money to the Chinese police officer, and 10,000,000 won, on the cargo vessel he/she gets on board, and entered the Republic of Korea without undergoing an entry inspection issued by the Minister of Justice in a manner of entering a light-going port between the border of the Republic of Korea and the border of the Republic of Korea for about four days after sailing.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (the details of arrest of a suspect and a relative investigation of a suspect);

1. Accusation of an immigration offender;

1. Application of Acts and subordinate statutes, such as written opinions and written determination;

1. Relevant Article of the relevant Act on the facts constituting an offense, subparagraph 1 of Article 93-3 of the Immigration Control Act, Article 12 (1) of the Immigration Control Act (the point that enters the Republic of Korea without undergoing entry inspection), Articles 94 subparagraph 2 and 7 (1) of the Immigration Control Act (the point that enters the Republic of Korea without a visa), and each choice of imprisonment;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes – The reason for sentencing under Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes - Even though the defendant had already been forced to enter and depart from Korea in 209 and February 2015, the criminal record was previously sentenced to a suspended sentence due to the crime of forging official documents, etc.; - The circumstances favorable to the defendant: the defendant reflects mistake; - Other parents, etc., whose health status is not good; - The summary of each violation of the Road Traffic Act (unlicensed Driving) among the charges of this case, among the charges of this case, which are the conditions for sentencing under Article 51 of the Criminal Act, is that the defendant had been driving from around December 1, 2016 to around January 23, 2017, without obtaining the average driver's license for the vehicle of the Gu.

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