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(영문) 광주지방법원 목포지원 2017.11.10 2017고단1072
제주특별자치도설치및국제자유도시조성을위한특별법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a national of the People's Republic of China, who is a foreigner.

Where a foreigner who enters the Jeju Special Self-Governing Province (hereinafter referred to as "Do") without a visa in order to stay in the Jeju Special Self-Governing Province for the purpose of tourism, passage, etc. among sojourn status intends to move to another area of the Republic of Korea, he/she shall obtain permission from the Minister of Justice for the extension

Nevertheless, the Defendant, with his/her help and with his/her intention, intended to move to inland transit through Jeju-do. On March 20, 2016, the Defendant, as if he/she entered the Republic of Korea for tourism purposes, entered the Republic of Korea without a visa to Jeju International Airport 2, which is located at the Jeju Hong Congo Airport on the same day as when he/she embarked on an aircraft, on the same day.

After that, on April 2016, the Defendant, without obtaining permission from the Minister of Justice for extension of the sojourn area, boarded the cargo vehicle on board with the guidance of a person who was not killed in the name of a police officer and moved to Daegu Metropolitan City via an unclaimed port in the Republic of Korea.

Accordingly, the defendant entered the airport of Jeju-do without a visa and moved to another area of the Republic of Korea without obtaining permission from the Minister of Justice for extension of sojourn area.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on foreign entry and departure of each individual in short-term stay;

1. Article 470 (3) 1 and Article 198 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Establishment of Jeju Special Self-Governing Province and the Development of Free International City on criminal facts;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence include: (a) the recognition of and reflects on the instant crime; (b) there is no record of criminal punishment in the Republic of Korea; and (c) the motive and background of the instant crime; and (d) the Defendant’s age, sex

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