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(영문) 인천지방법원 2016.09.01 2016고단3924
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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, he/she shall undergo an entry inspection by an immigration control official at an entry and departure port.

The Defendant, from January 2016, had been working as a crew member of a general cargo ship of Chinese nationality from around the Republic of Korea as a Vietnamese foreigner, had been committing an illegal employment in the Republic of Korea.

At around 13:00 on April 14, 2016, the Defendant: (a) entered the Incheon Seo-gu Incheon Seo-dong Scat Port Round wharf to anchor; (b) went off the bridge to the wire ropes on April 15, 2016; and (c) went into the Republic of Korea without undergoing an entry inspection in a way of breaking the canal to the land.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of each police interrogation protocol of D or E;

1. Each police statement made to F, G, and H;

1. A written statement of I and J;

1. The application of each of the Acts and subordinate statutes in one copy, respectively, of the search records and the list of seizure reports (the details of arrest of a suspect), one copy of the on-site inspection report of the smuggling passage, one photo of the light-to-nick Port (the analysis of the suspect mobile phone text messages), one copy of the data on text messages, one copy of the suspect's cellular phone (triggal gal galosno, S/NK), one accusation book, one police officer's police officer's police officer's police officer's police officer's police officer's police officer's police officer's police officer's police officer's police officer's police officer'

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is to recognize and reflect the crime.

Until arrest after smuggling entry, the Republic of Korea did not commit another crime.

After the arrest, the defendant did not make any statement about L who escaped together, and cooperate in the investigation, and the objection return to his own country.

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