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(영문) 수원지방법원 2016.08.25 2016노3746
출입국관리법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The instant crime committed was committed while the Defendant had been illegally staying in the Republic of Korea despite the expiration of the period of stay in Korea. The Defendant purchased a motor vehicle and operated the motor vehicle without purchasing the mandatory insurance as well as the transfer of ownership and without purchasing the mandatory insurance. As such, the Defendant’s act of escape, which has been lawfully arrested, is disadvantageous to the Defendant.

However, the defendant has no record of criminal punishment in Korea except for punishment once as a fine in the past; the defendant seems to have escaped from the crime in this case; the defendant entered into a non-professional employment status around March 23, 2012 and sent living expenses to his family members in Vietnam under the above status of sojourn until January 20, 2016; however, the defendant seems to have continued to stay illegally in his/her own mind that he/she would want to impose more money than 10,000 as at the expiration of the period of sojourn; the defendant was arrested to the investigative agency on the thought that it is difficult to raise the living expenses of his/her family; although the defendant tried to flee for 22 hours after he/she was arrested, according to the recommendation of his/her relative, the defendant's family and society could be considered, such as finding the family head of the same Gu where police officers are waiting to arrest the defendant; the defendant's family and society could be considered; the court below's application for sentencing is determined to have been too unfair; and the defendant's application for sentencing.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is reasonable.

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