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(영문) 부산지방법원 2018.11.14 2018고단4451
출입국관리법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a foreigner of Vietnamese nationality.

Where a foreigner intends to enter the Republic of Korea, he/she shall undergo an entry inspection by immigration control officials at the entry or departure port.

On April 28, 2018, the Defendant was on board the deep-sea fishing boat “C” to work as a seafarer of the deep-sea fishing boat for the purpose of operation of butts at the sea of the sea of the sea of the Republic of Korea, and the said vessels were anchored from September 11, 2018 to repair the vessel at the outside port of the port of Busan for the purpose of repair of the vessel.

On September 12, 2018, the Defendant received a proposal from D, a crew member of Vietnam, who had been using the same room on September 12, 2018, and accepted more money from the Republic of Korea.

Then, around 01:00 on September 13, 2018, the Defendant: (a) was on board the ship located in the area N1 area outside the south of Busan Port; (b) was in his body with vinyl containing clothes and cell phones, etc. to be flabed; and (c) went to the coast of the land of the land of the land of the city of the Busan on the same day, around 03:30 on the same day, when he was on board the ship, with the aforementioned D, with the Defendant’s body attached a vinyl containing the clothes to be flab and the mobile phone, etc., and went to the coast of the land of the land of the land of the city of the Busan on the same day.

Accordingly, the Defendant, in collusion with the above D, entered the port of entry without undergoing entry inspection by immigration control officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Commencement of an investigation), a report on investigation (the entry into and departure from a ship and the confirmation of entry and departure records of suspects);

1. Subparagraph 1 of Article 93-3 of the Immigration Control Act and Article 12 (1) of the same Act, Article 30 of the Criminal Act, and selection of imprisonment for a crime;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is committed by the defendant's smuggling, but the liability for the crime is not less than that of the defendant. However, it seems sufficient for the defendant to be subject to compulsory departure from the Republic of Korea, there is no record of punishment in the Republic of Korea, and the defendant's age and gender are also committed.

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