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(영문) 수원지방법원 평택지원 2015.10.15 2015고단1273

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On August 30, 2015, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) reported that the victim C (C and 30 years of age) was in the front line of the Defendant’s front line in the Pyeongtaek-si central taxi market, and brought about a dispute with the victim, leaving the beer’s disease in a garbage tank installed therein, putting the beer’s disease in his/her seat on his/her hand, putting the victim’s left part on his/her hand, and broken it up on the floor, and then inflict an injury on the victim’s left part due to a shoulderer who is a dangerous object for about 10 weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. 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 May 28, 2013, the Defendant continued to stay in Korea beyond the period of sojourn without obtaining permission for extension of the period of sojourn even though the period of sojourn expired.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. On-site photographs;

1. The application of the law to the medical certificate of diagnosis (it is not justified even if the defendant was assaulted first by the victim's behaviors.).

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act, Article 94 subparagraph 17 of the Immigration Control Act, and Article 25 of the Immigration Control Act;

1. Determination on the application of sentencing guidelines for reasons of sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation: The scope of recommending sentencing guidelines for the reasons of sentencing: consideration of all the circumstances, including the fact that the degree of damage to O is not provided for in the mitigation area (i.e., type 1 (special injury) and the mitigation area (i.e., December 1 through February 6) of the special injury (i.e., the degree of damage toO), and the fact that the victim was first