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(영문) 창원지방법원 진주지원 2018.08.08 2018고단600

특수상해등

Text

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

Reasons

Punishment of the crime

1. On May 8, 2018, at around 02:30 on May 8, 2018, the Defendant: (a) was a person of Vietnam nationality; (b) at the “Ding shop” operated by the victim C (34 tax) in Jinju-si, Jin-si; (c) while demanding the victim to have a dispute with the victim, the Defendant was able to ask the victim for a credit, and (d) the Defendant was able to have two bed with both hand, which are dangerous objects on the floor, and the bed to the floor; and (d) the Defendant inflicted an open injury on the part of the shoulderer’s disease and the face of the victim, and caused the victim to undergo a treatment for a period of 14 days.

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, and shall not sojourn in the Republic of Korea in violation thereof

Nevertheless, on April 25, 2007, the Defendant entered the Republic of Korea as a visa for non-professional agriculture livestock industry (E9-3) and stayed in the Republic of Korea until May 8, 2018, despite the expiration of the period of stay on February 16, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs and body photographs of an injury;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;

1. The reason for sentencing of Articles 258-2(1) and 257(1) of the Criminal Act regarding the crime in question is that the defendant, who had been illegally staying in Vietnam for not less than eight years, caused the face of the victim to be 3-6 cm in the second parallel around the knife, with the knife, and the method of committing the crime is spreading, dangerous, and serious.

Until now, no agreement has been reached with the victim.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.