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(영문) 부산지방법원 2019.03.27 2019고단626
출입국관리법위반
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Where a foreigner intends to enter the port of entry, he/she shall undergo an entry inspection by an immigration control official.

The Defendant, from March 1, 2017, had been working as an agent in the general cargo ship B with Chinese nationality from March 1, 2017, had been committing an illegal employment in the Republic of Korea.

On March 14, 2017, at around 05:00, the Defendant entered the port of Busan which is located in the middle-gu, and landed from the breakwater to the breakwater near the breakwater, and after getting off the bridge from the above vessel, the Defendant went to the land from the breakwater.

Accordingly, the defendant entered the Republic of Korea without undergoing entry inspection by immigration control officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 93-3 subparagraph 1 of the Immigration Control Act, Article 12 (1) of the same Act concerning the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the defendant was arrested while leaving the Republic of Korea voluntarily, the fact that the crime of smuggling is judged to be sufficient as a measure of deportation rather than domestic punishment, and consideration of the defendant's health condition

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