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(영문) 부산지방법원 2016.06.15 2016고단2199
출입국관리법위반
Text

A defendant shall be punished by imprisonment for one year.

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

1. If a foreigner intends to enter Korea, he/she shall undergo an entry inspection by an immigration control official at the entry or departure port;

Nevertheless, the Defendant, a foreigner of Chinese nationality, was unable to enter the Republic of Korea due to the past illegal stay in the Republic of Korea, and was introduced to C through an influenite broer without undergoing an entry inspection, and was on October 28, 2014, around 19:00, when he was on board the “D” affiliated with the Hanjin Marine Transportation, which was at anchor in the Chinese River on October 28, 2014, and was concealed in the ship’s room with the aid of C, the captain of the above ship, and entered the vessel at the port of the south of the Republic of Korea on November 5, 2014, and entered the vessel at the port of the south of the Republic of Korea, and entered the port without undergoing an entry inspection in the way of getting out of the wharf, which was prepared by C.

2. Any foreigner may sojourn in the Republic of Korea within the limits of his/her sojourn status and period.

Nevertheless, on November 5, 2014, the Defendant entered the port between South and North Korea, and stayed in Daegu Won-gu without the status of stay until April 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Investigative report (emergency arrest of a suspect) - Copy of the passport, personal immigration status, notification of decision on examining an immigration offender, documents related to the police station in Daegu Seo-gu (the offender's place, recommendation of investigation direction, direction, etc.);

1. Investigation report (the past domestic stay record) - General inquiry into records of immigration-related persons;

1. Investigation report (domestic Brazil specified) - output of the list of incoming vessels, output of the entry vessel, output of the list of passengers of the crew at entry port, application of the Acts and subordinate statutes related to photographs of resident registration certificates brokers with C smuggling entry port;

1. Relevant Article of the relevant Act on the facts constituting an offense, subparagraph 1 of Article 93-3 of the Immigration Control Act, Article 12 (1), subparagraph 7 of Article 94, and Article 17 (1) of the Immigration Control Act, the selection of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is forced to leave the place of unlawful stay as above.

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