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A defendant shall be punished by imprisonment for not more than ten months.
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
1. The Defendant violated the Immigration Control Act, on July 31, 2016, entered the Incheon International Airport located in the Jung-gu Incheon International Airport as a visa for general tourism (C-3-9) at the Incheon International Airport, and stayed in the Republic of Korea on October 29, 2016 without departure from the Republic of Korea until October 2, 2017.
2. On September 30, 2017, the Defendant was arrested by the police station in Geumcheon-gu Seoul, Geumcheon-gu, Seoul and 7, as a flagrant offender committing a violation of the Life Safety and Immigration Control Act as set forth in paragraph (1) by Police Officers affiliated with the police station in Geumcheon-gu, Seoul, and transferred the vehicle to the Seoul Geumcheon Police Station G office located in the 1435, Nam-gu, Seoul, Nam-gu, Seoul, Seoul, and then was on board the vehicle driven by the H of the Seoul, Geumcheon Police Station G G in the 16:05 day and went to the Southern Immigration Office in Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, and was escorted to the 151, Dongdong-dong, Dong-dong, Seoul, the Defendant escaped to the back seat of the other vehicle and the new k-do road located in Guro-gu, Seoul.
Summary of Evidence
[Case No. 1]
1. Statement by the defendant in court;
1. Status of individual entry or departure;
1. Written accusation [the crime No. 2 of the Decision]
1. Statement by the defendant in court;
1. A H statement;
1. Application of Acts and subordinate statutes, such as a copy of a letter of arrest of flagrant offenders;
1. Article 149 (1) of the Criminal Act (the point of escape), Article 94 subparagraph 7 of the Immigration Control Act, and Article 17 (1) (the point of stay after the expiration of the period of stay) of the relevant Act on the facts constituting an offense;
1. Imprisonment with prison labor for choice of punishment;
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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do1114, Jan. 1, 2011>