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(영문) 인천지방법원 2019.01.17 2018고단8749
출입국관리법위반
Text

A defendant shall be punished by imprisonment for nine months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Where a foreigner intends to enter, he/she shall undergo an entry inspection by an immigration control official at an entry and departure port.

On October 27, 2018, the Defendant entered the Incheon International Airport through Vietnam through B from Vietnam to the Incheon International Airport, went through a departure inspection from the Incheon International Passenger Terminal, which is located in the Jung-gu Incheon City, and went through a departure inspection at the Incheon International Passenger Terminal, and thereafter was on board the Belize Cargo Loading (M/VC) in the Incheon Si-si, Incheon.

On October 28, 2018, at around 05:00, the Defendant, while on duty on duty at the above cargo line, did not undergo an entry inspection using a gap where the expenses were neglected for the purpose of getting employed at the domestic construction site, etc., and entered the said wharf with a lock door.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 93-3 of the Immigration Control Act and Articles 12 (1) of the same Act and Articles 93-3 and 12 of the same Act, the selection of punishment for the crime;

1. The cargo wharf, located in the Incheon Northern Port for the reason of sentencing under Article 62(1) of the Criminal Act, of the suspended sentence, becomes a ferry of the City/Do smuggling.

The defendant left a wharf by leaving the wharf without destroying a bridge or water.

Despite the fact that two times of non-entry permission, the accused plans the route of diving in advance and disguised entry of crew members belongs to disadvantageous circumstances.

However, the defendant's wife who was employed for 10 days at the construction site was arrested by Vietnam for a long time.

As a result of early arrest, the period of stay of the accused was limited to the short term, and certain consolation and edification hours were given during the period of detention.

If this ruling becomes final and conclusive, it is not highly likely that this ruling will be enforced and prohibited from entering the Republic of Korea.

The punishment for nine months shall be determined by imprisonment within the scope of the punishment to be imposed, but the execution thereof shall be suspended for two years.

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