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(영문) 인천지방법원 부천지원 2017.07.21 2017고합87
준강간등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Although a criminal history (violation of the Immigration Control Act) intends to be employed in the Republic of Korea by a foreigner, he/she shall obtain the legitimate status of stay that allows him/her to engage in job-seeking activities, the defendant, despite the fact that he/she entered the Republic of Korea as a visa exemption (B-1) qualification that prevents him/her from engaging in job-seeking activities on October 19, 2016, without obtaining the status of stay that allows him/her to engage in job-seeking activities while staying there

4. Until May, 4, 198, from “D” located in Kimpo-si, Kimpo-si, 1.5 million won per month was paid and served.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of information on the identity of foreigners residing in a short term and statutes on accusation against criminal offenders violating the Immigration Control Act;

1. Article 94 subparagraph 8 of the relevant Act and Articles 18 (1) of the Immigration Control Act regarding facts constituting an offense;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not good for the crime of violating the Immigration Control Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, but special consideration was given to the Defendant as favorable to the Defendant, such as the Defendant’s working period and the fact that there was no record of criminal punishment in the Republic of Korea

In addition, the defendant's age, sex, criminal records, family environment, the process, motive, means and result of the crime of this case, and the circumstances before and after the crime of this case shall be comprehensively considered and the conditions of various sentencing specified in the records and arguments shall be determined as ordered.

Non-rape-rapeion

1. On April 5, 2017, at around 03:20, the Defendant: (a) around 03:20, the victim E (the life, the age of 18) who was a customer who first math of his life, was under the influence of alcohol and was under the direction of the Defendant, and was in a situation where the Defendant was unable to resist with the face, using the following: (b) on the part of the victim’s chest, the Defendant was able to take care of the victim’s chest and put the finger into the part of the victim’s drinking, and continuously inserted the Defendant’s sexual organ.

In this respect, the Defendant suffered damage.

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