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(영문) 대전지방법원천안지원 2020.08.12 2020고정246
출입국관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a Chinese national foreigner.

An alien staying in the Republic of Korea shall always carry his/her passport, seafarers¡¯ identity document, entry permit for foreigners, foreigner registration certificate or landing permit (hereinafter referred to as " passport, etc.") and present a passport, etc. upon request by an immigration control official or competent public official in connection with his/her duties.

At around 15:45 on September 11, 2019, the Defendant received 112 report that an assault case occurred in a C cafeteria located in Dong-gu, Chungcheongnam-gu, Dong-gu, Chungcheongnam-gu, and received a request for presentation of a passport, etc. for identification from D in the circumstances where he/she belongs to the Yannam Police Station called out, but did not present a passport

Summary of Evidence

1. The application of the law applicable to witness D and witness E's each legal statement [the defendant alleged to have presented a foreigner registration certificate to E, however, D, a police officer who requested the defendant to present a foreigner registration certificate at the time, stated that there is no entry of an alien registration certificate from a foreigner who was at the time including the defendant at the time, and the defendant's memory is not accurate because he is drinking more than the usual liquor at the time and the defendant seems to be correct because he is in a state of drinking more than the ordinary liquor at the time.]

1. Article 98 subparagraph 1 of the Immigration Control Act and Article 27 (2) of the same Act concerning the facts constituting an offense;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the defendant was carrying his/her foreigner registration certificate at the time and the driver's license seems to have been presented);

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