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(영문) 대구지방법원 2015.11.13 2015고단4283
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of KRW 500,000.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a Vietnamese national, who entered the Republic of Korea as a non-professional employment qualification on February 4, 2012, and the period of stay expires on May 9, 2013.

1. On September 7, 2015, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) (hereinafter “D”), around 01:00 on September 7, 2015, the Defendant: (a) six parallels, such as victim E, South, and 29 years old; and (b) the victim, while drinking alcohol at D’s “D” restaurant located in Chungcheongnam-gun, Chungcheongnam-gun; (c) a beer fright, which is a dangerous object on the table of the victim; and (d) one time, the victim’s left face was frighted to tear the part of the treatment period; and (d) the victim was 1:05 on September 7, 2015, the Defendant: (a) was harming the victim in front of the “D” restaurant located in Chungcheongnam-gun, Chungcheongnam-gun, Gyeong-gun; and (b) caused the victim’s escape from the vehicle in front of the victim’s “D 4.”

3. An alien staying in the Republic of Korea in violation of the Immigration Control Act shall always carry an alien registration certificate, passport, etc., and present a passport, etc. upon request by an authorized public official in connection with his/her duties

Nevertheless, at around 03:00 on September 7, 2015, the Defendant was requested to produce a foreign registration certificate, etc. from a police officer who investigated the assault case as referred to in the above paragraph (1) in an emergency room of the Macheon-si Hospital, which is located in the 179 Si/Gu-si. However, the Defendant did not possess it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and K;

1. The arrest report of the occurrence of the case, the personal information of the person suspected of reporting internal investigation, and whether the person has been illegally staying.

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