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(영문) 제주지방법원 2016.08.12 2016고단1132
제주특별자치도설치및국제자유도시조성을위한특별법위반
Text

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

However, 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

The Defendant is a Vietnamese foreigner who, around February 25, 2015, entered the airport of Vietnam without a visa for tourism in Jeju Special Self-Governing Province of the Republic of Korea (hereinafter referred to as “ Jeju-do”) via Hong bean (hereinafter referred to as “Seoul-do”) via the airport using flights.

No foreigner who enters Jeju-do without the visa shall move to another area of the Republic of Korea without the permission of the Minister of Justice for extension of sojourn area.

Nevertheless, without obtaining permission from the Minister of Justice for extension of sojourn area, the defendant would like to move to land through D to Vietnam-Korean nationals E, who are working as a seafarer of the deep-sea fishing, at the defendant's accommodation located in Jeju-si around March 10, 2016 at the defendant's accommodation located in Jeju-si around 20:00.

Before receiving the information about the location of D and the location of hiding inside a ship from the above E on March 11, 2016, the contact was received from the above E on March 11, 2016, and the aforementioned D's warehouse was concealed, and the ship was moved to the port after being located in the Gyeongjin-gun on March 12, 2016, around 15:00.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation against violators of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, and investigation reports (suspects period and areas);

1. Detailed information on D entry into and departure from ports;

1. Application of the Acts and subordinate statutes to photographs of the victim and a foreigner staying illegally, a suspect's residence verification photograph, and a DNA language hold and a body photo;

1. Article 470 (3) 1 and Article 198 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City for the facts constituting an offense, the proposal of punishment, and the selection of imprisonment;

1. Article 62(1) of the Criminal Act (the recognition of and reflects on the facts of crime, and there is no record of criminal punishment in the Republic of Korea, and this case.

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