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(영문) 수원지방법원 안산지원 2017.09.01 2017고단1818

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On December 30, 2016, the injured Defendant listened to the phrase “to open, to leave, to leave, to leave, to leave,” from the victim D (64) while he was in a meeting with the Co., Ltd. employees of the company in charge of the settlement of accounts on or around 18:00 on December 30, 2016, and was found in the victim’s room on the second floor of the company in question E and E, the company in charge of the settlement of accounts for 60 days to receive a death, and was found in the victim’s room at around 21:0 on the same day, but he again heard the victim’s face from the victim, and was able to hear the victim’s desire again.

2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

Nevertheless, the Defendant, on March 26, 2013, entered the Republic of Korea with the status of non-professional employment (E-9), and stayed in the Republic of Korea on November 20, 2013, the expiration date of the period of stay from November 21, 2013 to the date of November 20, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The status of entry or departure of an injured party photograph or individual;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) (the escape of sojourn and the point of sojourn) of the Immigration Control Act, and the choice of imprisonment with prison labor for the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes [the scope of recommendation] are as follows: (a) the weighted area (six to two years) of Type 1 (general injury) [the special aggravated persons] [the crime of violation of the Immigration Control Act for which no sentencing guidelines are set; and (b) the concurrent crimes under the former part of Article 37 of the Criminal Act with respect to the injury (one to four types]; (c) the lower limit of the above sentence range should be considered (the decision of sentence] The victim D suffers serious injury that requires medical treatment for about 60 days, and the damage was not recovered.