(영문) 대구지방법원 2016.11.17 2016고단4911

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(영문) 대구지방법원 2016.11.17 2016고단4911

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the head of the Alphe assembly construction team at the apartment construction site.

On July 20, 2016, the Defendant employed 12 foreigners who do not have the status of stay that is a foreigner of Vietnam, who is a foreigner of the nationality of Vietnam, and does not have the status of stay that is terminated on May 20, 2013 at the site of the Daegu-gu B construction site, Daegu-gu, the period of stay of which is terminated on May 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to a notice of decision on examining an immigration offender, a list of illegal foreigners, a certificate of employment, a written statement of foreigners, an output date of foreigners, and a comprehensive record inquiry of foreigners related to entry

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Imprisonment) concerning the applicable criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the number of illegal aliens employed by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act has not reached a number of

However, in light of the favorable circumstances, such as the fact that the defendant has no record of being punished by the same kind of crime or a fine or heavier punishment, the recognition of the crime in this case and reflects on the fact that the working period of the illegal stay workers is relatively short, and all other sentencing conditions, such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, and circumstances after the crime, shall be determined as ordered

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