A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

If a foreigner intends to enter the Republic of Korea, he/she shall undergo an entry examination by an immigration control official at the entry and departure port, and the foreigner shall not stay in the Republic of Korea beyond the relevant status of sojourn

Around October 18, 201, the Defendant entered the Republic of Indonesia as an Indonesia foreigner, and entered the Republic of Korea as a tourist transit and sojourn status (general visa, B-2-1, and the expiration period of sojourn on November 2, 201) from the Kimhae Airport, and left Korea on the same day after boarding the ship C of the Russian nationality at the 37 Salcheon-ro, Yacheon-gu, Busan, Seocheon-gu, Busan, and stayed in the Republic of Korea on October 25, 201, without undergoing an entry inspection by an immigration control official on the said ship anchored at the Salcheon-do port at around 02:00, when entering the Republic of Korea without undergoing an entry inspection by the immigration control official, and stayed in the Republic of Korea, including around Kim, Chang Chang-do, and Busan, until October 14, 2016.

Accordingly, the defendant entered the Republic of Korea without undergoing an immigration control official's entry examination, and stayed in the Republic of Korea beyond the scope of sojourn status and sojourn period.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the immigration status of individuals;

1. Article 93-3 Subparag. 1, Article 12(1) of the former Immigration Control Act (amended by Act No. 12195, Jan. 7, 2014); Article 94 Subparag. 7, and Article 17(1) of the Immigration Control Act (the point of entry into the Republic of Korea without undergoing an entry inspection); the choice of imprisonment, in relation to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The execution of a sentence under Article 62(1) of the Criminal Act, considering the fact that the defendant's reasons for sentencing under Article 62(1) of the Criminal Act, entering the Republic of Korea without undergoing an entry examination and staying illegal in the Republic of Korea for a long time, is not less vulnerable to the crime.