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(영문) 제주지방법원 2016.05.25 2016고단612
특수협박등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2014, the Defendant is a person of Chinese nationality who entered the Republic of Korea with no certificate of death on December 27, 2014.

1. A special intimidation: (a) around April 4, 2016, the Defendant demanded the payment of wages to the victim E (59) (the employer) (hereinafter “D”) who is employed within the “D’s chief” located in Seoposi City, Seopopo City, P.C. However, the Defendant saw the knife knife (25cm in total length, 8cm in length), which is a dangerous object on the second floor of the chief of the vessel, and knife knife knife knife knife (25cm in length, knife knife knife knife knife knife knife knife knif

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. Violation of the Immigration Control Act;

(a) No foreigner shall stay in the Republic of Korea beyond the scope of his/her status and period of sojourn;

On December 27, 2014, the Defendant entered the Republic of Korea with a death certificate on December 27, 2014 and stayed in the Republic of Korea on January 26, 2015, despite the expiration of the period of sojourn, until April 2016.

Accordingly, the defendant exceeded the scope of the status and the period of stay, and stayed in Korea.

(b) If a foreigner intends to find an employment in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities;

Nevertheless, the Defendant exceeded the scope of the period of sojourn as prescribed in Article 2(a) and was staying in the Republic of Korea, and was employed as a worker without the status of sojourn necessary for job-seeking activities on the condition that 50,000 won per day and board and lodging are provided within the “D Line Director” located in Seopo-si C from March 20, 2016 to April 4, 2016.

Accordingly, the defendant was engaged in job-seeking activities without obtaining the status of stay that can work in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement protocol concerning E, F, and G;

1. An investigation report (a witness G telephone call) and an investigation report (a related photograph of the case).

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