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(영문) 부산지방법원 2016.01.20 2015고단7371
출입국관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 2015, the Defendant, through a cruise ship, went away from Busan for tourism, and went away from Busan for illegal employment while staying in Korea.

On October 14, 2015, the Defendant got off from the port of China to the port of Busan and landed on the condition that the cruise ship goes back to the upstream after entering the port of Busan and return to the port (SKYEA GLDDNA) and arrived at the port of Busan on October 16, 2015 at the port of Busan on the condition that “the said ship shall go to the port of Busan on board 17:00 days before its departure from the port of Busan,” and that “the said ship shall go to the port of Busan on or before its departure from the port of Busan.”

Nevertheless, the Defendant did not board the said cruise ship by 17:00 on the same day after moving the Defendant’s relative to the Defendant’s relative in the Kimhae-si, using the taxi at around 10:10 on the same day, in front of the new world’s duty-free shop near Busan Metropolitan City.

Accordingly, the defendant violated the conditions of landing permission for tourism.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry note into three records for entry into and departure from Korea;

1. An investigation report (suspect's entry, departure, departure from the port), vessel examination report (port of entry, departure from the port), vessel examination report (port of entry, Busan), passenger list, application for landing permission for tourism, departure from the port, service report, tourist schedule, and reporting of departure from the port of entry and departure from the port of entry, applicable statutes;

1. Article 94 subparagraph 6 of the relevant Act and Articles 94 and 14-2 (3) and 14 (3) of the Immigration Control Act concerning the facts constituting an offense;

1. The crime of this case on the ground of sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant violated the conditions of landing permission as seen above, and the crime is not weak.

However, in consideration of all the circumstances, such as the fact that the defendant is against the defendant, the fact that there is no record of punishment in the Republic of Korea, the defendant's age, health, sex behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, the punishment as ordered shall be determined.

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