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(영문) 청주지방법원 2018.04.26 2018고단502
출입국관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who illegally stays in the Republic of Korea of business bekistan.

1. If a foreigner violating the Immigration Control Act intends to continue to sojourn in excess of the period of sojourn, he/she shall obtain permission for extension of the period of sojourn from the Minister of Justice;

Nevertheless, on December 11, 2012, the Defendant entered the Republic of Korea as a non-professional employment visa (E-9-1) and stayed in the Republic of Korea by March 12, 2018 without obtaining permission for extension of the period of stay even after the period of stay expires on June 20, 2015.

2. On March 10, 2018, the Defendant: (a) driven a Category D car without obtaining a driver’s license within a approximately 150 km section; (b) on March 10, 2018, the parking lot located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoyang-gu, Seoyang-gu, in front of the Annyang Station located in the Manyang-gu, Seoyang-gu.

3. The Defendant is not a handler of narcotics, in violation of the Narcotics Control Act.

Nevertheless, on March 10, 2018, around 23:00, Cheongju-si, Cheongju-si, and smoking marijuana by inserting approximately 0.05 g of marijuana, which was in possession of the said place, in D DRa L LA car set up in the parking lot located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju-si, and inserting it by attaching a fire.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A written accusation;

1. A list of registered foreigners' records, and a list of foreigners;

1. A copy of the register of chassiss and driver's licenses; and

1. A protocol of seizure and a list of seizure;

1. A response to each request for appraisal, each narcotics appraisal report;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 94 subparag. 17 and Article 25 of the Immigration Control Act, Article 152 subparag. 1 and Article 43 of the Road Traffic Act, Article 61(1)4 (a) and Article 3 subparag. 10 of the Narcotics Control Act, Articles 61(1)4 (1) and 3 subparag. 10 of the same Act, the selection of imprisonment for a crime;

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

1. Article 62(1) of the Criminal Act (Crimes.)

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