Suspended sentences for defendants who entered the country illegally while surveillance was lax

Who this helps

This may help people curious how a court ruled when defendants could not enter normally and entered illegally instead.

Case overview

Case number

2016고단620

Court

Incheon District Court

Date of judgment

Apr 7, 2016 (Thu)

Topic

Criminal Cases

Original title (Korean)

출입국관리사무소 직원들의 감시가 소홀한 틈을 타 밀입국한 피고인들에게…

The defendants could no longer enter the country in the normal way. When immigration office staff had withdrawn and surveillance had become lax, the defendants passed through the departure inspection counter and the security screening area without permission. They then broke the lock on the locked door of the departure hall, forced the door open and slipped out of the hall, thereby entering the country illegally.

How did the court rule on people who entered illegally while surveillance was lax?

The defendants could no longer enter the country by normal means. Immigration office staff had withdrawn and surveillance was lax. The defendants passed the departure inspection counter and the security screening area without permission. They then broke the lock on a locked departure hall door, forced it open and went out. The court imposed suspended sentences.

How the court ruled

The court imposed suspended sentences on the defendants who entered the country illegally in this way. If the judgment becomes final, they will be deported under the Immigration Act.

What to check in a similar situation

Whether the ruling has become final and how the deportation procedure proceeds can be confirmed with the court and the immigration office.

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• Contacts: Korea Legal Aid Corporation 132

Terms explained

illegal entry

Entering the country secretly without going through the proper entry procedure.

suspended sentence

A sentence is handed down, but its execution is put on hold for a set period.

deportation

A measure under the Immigration Act that forces a foreigner to leave the country.

More rulings on this topic

• Ruling sentencing a defendant to 1 year in prison for illegal entry, illegal stay and aiding another person's illegal entry · Busan District Court
• Students' submission of bank balance certificate found to be an application by improper means · Seoul Eastern District Court
• Court upholds departure order for foreign national fined for drunk driving · Daegu District Court

See all 28 rulings on Criminal Cases →

Frequently asked questions

Who was tried?

Defendants who entered illegally after they could no longer enter by normal means were tried.

How did the court rule?

The court imposed suspended sentences. Once the ruling is final, the defendants are deported under the Immigration Act.

Does this result apply as-is to similar cases?

It is the court's decision in that case and does not apply as-is to other cases.