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(영문) 부산지방법원 2016.06.01 2016고단2066
제주특별자치도설치및국제자유도시조성을위한특별법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. An alien who enters the Jeju Special Self-Governing Province without a visa to stay in the Jeju Special Self-Governing Province for tourism and passage in violation of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City shall obtain permission for the extension of sojourn area from the Minister of Justice when he/she intends

On March 10, 2015, the Defendant entered the Jeju Special Self-Governing Province without a visa as an alien of Chinese nationality, entered the Republic of Korea from Jeju Special Self-Governing Province to Jeju Special Self-Governing Province without a visa, and entered the Republic of Korea from Jeju Special Self-Governing Province to Jeju Special Self-Governing Province without a visa. On March 15, 2015, the Defendant on board a ship with a stringer of secret entry tightly in name, and moved the taxi to the port of non-entry in the Republic of Korea, after having arrived at the port of non-entry in the Republic of Korea.

Accordingly, the defendant entered Jeju-do without obtaining permission for extension of sojourn area from the Minister of Justice and moved to another area within the territory of the Republic of Korea.

2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

After entering the Republic of Korea as described in the foregoing 1. Paragraph (1), the Defendant did not leave the Republic of Korea until April 9, 2015, which is the period of stay, and stayed beyond the period of stay from April 10, 2015 to April 17, 2016.

Accordingly, the defendant was staying in the Republic of Korea as a foreigner with an excessive period of stay.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a report on investigation (in the commencement of an investigation) and a report on investigation (in the Chinese Brazil specified);

1. Relevant Article 355(3) and 1, and Article 157(1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Amended by Act No. 13426, Jul. 24, 2015); Articles 94 subparag. 7 and 17(1) of the Immigration Control Act; Articles 17(1) of the Immigration Control Act;

1. The aggravated Criminal Act for concurrent crimes.

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