logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.12.20 2017고단5447
출입국관리법위반
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

Where a foreigner intends to enter the Republic of Korea, he/she shall undergo an entry inspection by immigration control officials at the entry or departure port.

On July 20, 2012, the Defendant, as an Indonesian national seafarer boarding Russia C, was willing to enter the Busan Western Port, Seo-gu, Busan, to have his employment by pushing in the Republic of Korea.

On July 22, 2012, the Defendant, at around 20:00, landed from the above deck to the port of Busan, using a bridge connected to the deck of another vessel with Indonesia D, etc., and entered the Republic of Korea beyond the port steel network.

Accordingly, the Defendant conspiredd with D, etc. to enter the Republic of Korea without undergoing entry inspection by immigration control officials.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect by the prosecution against E or F;

1. A protocol concerning the examination of each police officer in relation to D or G;

1. Application of Acts and subordinate statutes on accusation to immigration offenders;

1. Article 93-2 Subparag. 1 and Article 12(1) of the former Immigration Control Act (Amended by Act No. 12195, Jan. 7, 2014); Article 30 of the Criminal Act regarding criminal facts;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act is that the defendant conspired with D, etc. to enter the same as the above and that the criminal liability is not minor.

However, the sentencing conditions of the defendant, such as the defendant's age, health, occupation, sex, family relation, motive and background of the crime, and circumstances before and after the crime, shall be comprehensively considered in determining the same sentence as the order.

arrow