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(영문) 대전지방법원 서산지원 2015.08.27 2015고단561

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Around 09:40 on March 27, 2013, the Defendant subsidized the victim E (the age of 48) who is the president of the Working Group at D at D in Jinjin-si, Jinjin-si, to raise an objection to the victim’s work instruction during the funeral work, and brought about a dispute, and the victim’s chest was drinking once again, and the victim’s chest was cut off by a hin scru (125cm in length) which is a dangerous object located on the floor, and caused the victim’s left arms to take about about about 10 weeks of treatment.

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

On January 4, 2012, the defendant stayed in the Republic of Korea as a Chinese national foreigner and the status of stay for visiting employment (H-2) on visit employment (H-2) on December 23, 2014, and the period of stay expired.

Nevertheless, from December 24, 2014 to July 7, 2015, the Defendant stayed beyond the scope of the period of stay at the Giwon and Kiwon from July 24, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Accusation of immigration offenders at the Daejeon Immigration Office; and

1. Application of Acts and subordinate statutes on alien registration certificates;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) 7 of the Criminal Act, Article 94 subparagraph 7 of the Immigration Control Act, and Article 17 (1) of the Immigration Control Act (the point of sojourn in excess of the period of stay, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] There is no basic area [2 years] of Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Bodily Injury and Special Injury] (the decision of sentence] of the Criminal Act (the decision of sentence] [the decision of a special person] [the defendant has a serious injury to the victim, who is an article dangerous to the victim, and has failed to completely recover the damage.