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(영문) 의정부지방법원 2016.09.23 2016고단3091
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, on October 7, 2003, is a person of Pakistan who enters the Republic of Korea as a visa for industrial training (D-3 and the period of sojourn three years), and a foreigner may stay in the Republic of Korea within the scope of his sojourn status and the period of sojourn. Thus, the defendant may stay in the Republic of Korea until October 7, 2006, which is the period of sojourn for a visa for industrial training.

Nevertheless, the defendant illegally stayed in the Republic of Korea without valid status of stay from October 8, 2006 to November 20, 2015, which was applied for refugee status from October 8, 2006, following the expiration date of the period of stay.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act or subordinate statute stated in an individual's immigration status, written accusation, written notice of decision on examining an immigration offender, and written application for integration;

1. Article 94 of the relevant Act on criminal facts and Article 94 subparagraph 7 of the Immigration Control Act and Article 17 (1) of the same Act on the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. According to Article 86(1) and attached Table 7 of the Enforcement Rule of the Immigration Control Act of the Criminal Procedure Act for the sentencing of Article 334(1) of the Provisional Payment Order, where a person has illegally stayed for at least three years, the standard for the determination of penalty is at least 15 million won but not more than 20 million won, and the period of the defendant's stay without the status of stay becomes about nine years.

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