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(영문) 서울남부지방법원 2019.07.03 2019고단2391

상해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On May 4, 2019, at around 16:00, the Defendant: (a) was aware of the male relationship between the Defendant’s house located in Guro-gu Seoul, Guro-gu, Seoul; (b) was under suspicion of female-friendly sexual intercourse C (28 years of age); and (c) was inflicted on the Defendant’s body, such as a snick wall that needs to be treated for approximately two weeks, by making it possible for the Victim to take away the body of the Victim due to drinking and snicking, and the Victim’s snick, snick, etc. with his snick material.

2. The accused in violation of the Immigration Control Act may not sojourn in the Republic of Korea as a foreigner of the People's Republic of China, and a foreigner may not sojourn in the Republic of Korea.

On April 11, 2017, the Defendant was granted the status of stay and the period of stay for one year to fishing vessel crew members (E-10-2) from the Republic of Korea, and entered the Republic of Korea through Incheon Airport, and continued to stay in the Republic of Korea after April 11, 2018, the period of stay expires, and stayed beyond the scope of the status of stay and the period of stay.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Investigation report (in relation to the collection of injury, notification of arrest, locking, use of other police station, report related to 112), investigation report (in relation to immigration status of a suspect), and investigation report;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act (the point of injury), Article 94 subparagraph 7 of the Immigration Control Act and Article 17 (1) of the Immigration Control Act (the period of stay and the point of stay), the choice of imprisonment for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

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

1. The grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act include the details and contents of each crime, the degree of damage, and the victim’s wishes not to be punished by the defendant. However, the victim’s above intent is an appraisal by the people due to the very poor relationship with the health condition of the defendant’s reference.