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(영문) 인천지방법원 2013.03.07 2013고단607
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On December 9, 2012, the Defendant: (a) was a person of Mongolian nationality who arrived at the Incheon Republic of Korea’s port of supply of Incheon Republic of Korea and was unable to enter the Republic of Korea on the ground that he was unable to obtain a visa from the Republic of Korea; (b) was missing from the airport.

On December 12, 2012, around 03:54, the Defendant: (a) discovered a window on the wall side of the Incheon International Airport 4th floor transfer area located in Jung-gu Incheon International Airport 2850, Jung-gu, Incheon, Jung-gu; (b) discovered the window on the wall side; (c) taken the chair; and (d) teared the security break net of the inner window below the ceiling, and went out of the airport, and then went out of the airport.

Accordingly, the defendant entered the port of entry into the port of entry without undergoing an entry inspection by an immigration control official.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement on C, D, E, and F;

1. A written accusation;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant provisions of the Acts and the choice of punishment concerning the facts constituting an offense: Subparagraph 1 of Article 93-3 of the Immigration Control Act and Article 12 (1) of the same Act (Selection of Imprisonment);

1. Suspension of execution: It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the overall circumstances such as the defendant's age, character and conduct, circumstances leading to crimes and motive, etc. are considered as having no previous record in the Republic of Korea and reflects the depth of the charges);

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