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(영문) 창원지방법원 2017.01.12 2016고단4135
출입국관리법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant shall not stay, through the Jeju Special Self-Governing Province around May 10, 2014, in excess of the scope of his/her sojourn status and the period of sojourn, who enters the Jeju Special Self-Governing Province through a Jeju Special Self-Governing Province as a non-certification (B-2-2) and sojourn status 30 days (the expiration of the period of stay: June 9, 2014), and no foreigner shall stay outside the scope of his/her sojourn status and the period of sojourn.

Defendant was working in Jeju Special Self-Governing Province, a Jeju Special Self-Governing Province, from May 2015 to May 2015, and was working in the Jeju Special Self-Governing Province, on May 2015 at a port in the non-permanent port in Jeju Special Self-Governing Province, and arrived at a port in the southdo non-permanent area, and around that time, served for daily work at the construction site in Busan, Ulsan, Chungcheongnam, and Changwon Special Self-Governing Province from November 28, 2016 and stayed in Korea.

Accordingly, the defendant exceeded the scope of the period of stay and stayed in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each investigation report, report on the results of an investigation, report on each internal investigation, and report on the commencement of internal investigation;

1. Accusation of an immigration offender at the request of an investigative agency;

1. The entry and departure status of each individual and the application of statutes on personal identification information for short-term aliens;

1. Article 94 of the relevant Act and Articles 94 subparagraph 7 and 17 (1) of the Immigration Control Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence is to suspend the execution of a sentence in consideration of the fact that the defendant, without a certificate of death, has stayed in the Republic of Korea for a considerable period of time after having entered the Republic of Korea through Jeju-do, and that the crime has not been mitigated as a result

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

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