(영문) 전주지방법원 군산지원 2016.11.30 2016고단1011

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 군산지원 2016.11.30 2016고단1011

출입국관리법위반

Text

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

The defendant is a seafarer who is working as a principal assistant of the General Cargo Line C, Vietnam, with the nationality of Vietnam.

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

Nevertheless, the Defendant: (a) had a mind to find illegal employment after entering the Republic of Korea; (b) went to the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the Republic of Korea

Accordingly, the defendant illegally entered the port of entry without undergoing an entry inspection by an immigration control official.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the missing of a seafarer, a report on the reason for such missing, a list of seafarers, and a report on an accident of missing a foreign seafarer;

1. Application of Acts and subordinate statutes to each investigation report (including separate documents attached thereto), 9, 18, 21, 23 of the evidence list;

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 reasons for the suspended sentence under Article 62(1)(a) of the Criminal Act are contrary to the recognition of the criminal act by the defendant, and the fact that the defendant does not attempt to illegally enter the country again after being returned to his country of origin, as well as the circumstances that may be considered in the course of the criminal act, are determined by comprehensively taking into account various sentencing conditions as indicated in the instant case, such as the defendant’s age, environment, motive for the criminal act, and circumstances after the criminal act.

참조조문

-출입국관리법 제12조 제1항

-출입국관리법 제93조의3 제1호

-형법 제62조 제1항

유사 판례

-부산지방법원 2019.03.27 2019고단626

-인천지방법원 2016.09.01 2016고단3924

-수원지방법원 2016.11.17 2016고단6138

-광주지방법원 목포지원 2015.11.13 2015고단1257