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(영문) 부산지방법원 2019.05.31 2018노4645
밀항단속법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and four months) of the lower court’s sentence is too unreasonable;

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

In the appellate trial of this case, the prosecutor changed the applicable provisions of the law to "Article 4 (2) and (1) and Article 3 (1) of the Stows Control Act" and "Article 30 of the Criminal Act", and applied for permission of changes in the indictment of this case to "Article 3 (1) of the Stows Control Act and Articles 30 and 32 of the Criminal Act". The prosecutor applied for permission of changes in the indictment of this case as stated in the criminal facts column of "the reasons why the judgment is used for multiple times". Since this court permitted this and changed to the subject of adjudication, the

3. The court below's decision is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.

【The reason for the judgment in Dao- used 【A's crime-related office A is the captain of the fleet E, the captain of the fleet C is the deck of the above vessel, and F, G, H, I, and J are the crew of the above vessel.

No one shall, for the purpose of profit-making, sail to an area other than the Republic of Korea or arrange for more than national border without any passport, seaman's pocketbook, or other valid certificate necessary for departure from the Republic of Korea.

A On December 2016, after receiving a request from Defendant B to introduce a person who wants to enter Japan, he/she shall have four persons, such as Ma, N, andO, which he/she was introduced by his/her branch, enter Japan. On December 28, 2016, he/she shall transfer to C the same condition that he/she receives a total of four million won per capita from the above K, M, N, andO, on the condition that four persons, such as K, etc. transferred by the above A around 22:0 on the same day, are on board a ship of Defendant B, and wishes to carry four persons, such as K, transferred by the above A, around 22:0 on the same day.

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