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(영문) 창원지방법원 2017.01.05 2016고단4120
출입국관리법위반
Text

Defendants shall be punished by imprisonment for ten months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a foreigner of Indonesia nationality who entered the airport of Kimhae on August 31, 2015, whose sojourn status is general non-a certificate (B-2-1) and sojourn period of 15 days.

A foreigner may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

On August 31, 2015, through Indonesia, the Defendant entered the Kimhae Airport into the Republic of Korea on August 31, 2015, pretended that he was on board the 'D' deep-sea fishing vessel, and was actually on board the said deep-sea fishing vessel, not on board the said deep-sea fishing vessel, but on November 22, 2016, stayed illegally in the neighboring area of the Chang-gu, Chang-si.

2. Defendant B is a foreigner of Indonesia nationality who entered the airport of Kimhae on August 31, 2015, whose sojourn status is general non-a certificate (B-2-1) and sojourn period of 15 days.

A foreigner may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

On August 31, 2015, through Indonesia, the Defendant entered the Kimhae Airport into the Republic of Korea on August 31, 2015, pretended that he was on board the 'D' deep-sea fishing vessel, and was actually on board the said deep-sea fishing vessel, not on board the said deep-sea fishing vessel, but on November 22, 2016, stayed illegally in the neighboring area of the Chang-gu, Chang-si.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. A written accusation;

1. Each place of criminal;

1. The entry or departure status of each individual;

1. Each report on investigation;

1. Data related to F entry into ports;

1. Data pertaining to departure from the F port;

1. Data on seafarers related to F entry into the port;

1. Seizure records;

1. Examination report on ships entering and leaving ports;

1. Application of each statute on photographs;

1. Article 94 subparagraph 7 of the Immigration Control Act and Article 17 (1) of the same Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act for the suspension of execution (i.e., reflective points, primary points, and desireing to return home);

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