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(영문) 광주지방법원 목포지원 2019.02.08 2018고단1208
제주특별자치도설치및국제자유도시조성을위한특별법위반
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

If any foreigner who enters the airport or harbor of the Jeju Special Self-Governing Province without a visa to sojourn in the Jeju Special Self-Governing Province for tourism intends to move to another area within the territory of the Republic of Korea, the foreigner shall obtain permission for extension of sojourn

The defendant, a foreigner of the People's Republic of China, entered Jeju Special Self-Governing Province without a visa on May 13, 2015, went away from Jeju Special Self-Governing Province on or around the 20th of the same month and moved to another area of the Republic of Korea without obtaining permission from the Minister of Justice for extension of sojourn area.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to an accusation, individual entry or departure status, and an inquiry about sojourn status;

1. Article 355 (3) 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 (wholly amended by Act No. 13426, Jul. 24, 2015) concerning criminal facts;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is that the defendant without the visa enters Jeju-do and moves to another area of the Republic of Korea without obtaining permission for extension of the sojourn area, and the nature of the crime is not weak.

However, considering the fact that the defendant has no record of criminal punishment in the Republic of Korea and is against the crime of this case, and all other circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, the punishment is determined as ordered.

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