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.

Punishment of the crime

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.

The defendant, a Chinese national foreigner, was on board a cruise ship entering the Republic of Korea, landed from tourism and received landing permission for tourism, and did not return to the Republic of Korea within the permitted period, while continuing to stay in the Republic of Korea with money.

On December 28, 2016, the Defendant: (a) boarded the “C” cruise ship departing from the port of Chinese injury; (b) entered the port of Jeju on December 30, 2016; (c) applied for landing permission for tourism as planned; (d) applied for landing permission on December 31, 2016; and (e) applied for landing permission to re-enter the port of Incheon, Incheon, the said cruise ship entered the port of Incheon, 77 times as the new port of Yeonsu-gu, but was not allowed; (c) on the same day, the Defendant went into the Republic of Korea without permission by leaving the said cruise ship from the port of Chinese injury to the port of Chinese; and (d) entered the Republic of Korea without undergoing an entry inspection on December 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the list of passengers, and photographs of the suspect's smuggling;

1. Relevant Article 93-3 of the Immigration Control Act, Articles 93-3 and 12 (1) of the Immigration Control Act, and selection of imprisonment for a crime;

1. The crimes for the purpose of illegal stay of reasons under Article 62 (1) of the Criminal Act for sentencing under Article 62 (1) of the suspended sentence: Provided, That the punishment of one year (two years of suspended sentence) shall be determined by imprisonment, taking into consideration all the circumstances, such as the arrest of the defendant immediately after the defendant left the military without permission and failure to proceed to an additional crime, and the possibility