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

Punishment of the crime

1. Any foreigner who violates the Immigration Control Act may sojourn in Korea within the limits of his/her sojourn status and period of sojourn;

On February 26, 2015, the Defendant, as a Chinese national foreigner, entered the Republic of Korea as a tourist transit (B2) qualification and stayed in the Republic of Korea without the valid status of stay beyond the scope of the period of stay, despite the expiration of the period of stay on March 28, 2015.

2. On March 14, 2020, the Defendant: (a) was arrested as a flagrant offender on the part of the violation of the Immigration Control Act as stated in paragraph (1) of the same Article; (b) instructed C with the security guards assigned to the 112 patrol box at the front seat of the 112 patrol box and carried to the Jeju Immigration Control Office, and described C without any justifiable reason while moving to the Jeju Immigration Control Office; and (c) demanded C to take the Defendant’s body by hand and stop the above act; (d) attempted to wear the Defendant’s body; (e) attempted to wear C’s hand; (e) attempted to wear C’s hand; and (e) obstructed C’s legitimate execution of duties regarding the arrest of a flagrant offender by assaulting C, such as the body of the police officer who puts his hand, and flading C, and flading C.

3. While the Defendant was engaged in obstruction of the performance of official duties, such as the date, time, place, and described in Paragraph 2, the Defendant damaged goods used by public offices by putting the body of the Defendant and inducing the Defendant to be familiar with the body of the Defendant under consideration in order for the Defendant to escape the Defendant. Moreover, the Defendant damaged goods used by public offices by putting about about 160,000 won of the repair cost, putting the window on about five occasions after the brack light as described in Paragraph 2, and walking about 160,000 won of the repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Statement of the police statement regarding C;

1. Investigation report (Attachment of a photograph of a glass window destroyed and damaged);

1. Written estimate;

1. Blue boxes and video CDs;

1. Application of statutes governing foreign information in short-term stay;

1. Relevant Article of the Act on Criminal Crimes and the former Immigration Control Act (amended by Act No. 14106, Mar. 29, 2016).