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(영문) 광주지방법원 2020.10.08 2020고단4081
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The defendant is a foreigner of Cambodia who has entered the Republic of Korea around June 22, 2015 and has been staying in the Republic of Korea from that time until that time.

1. Around 05:00 on July 19, 2020, the Defendant, along with B (PP) who is a foreigner of the same Cambodia’s nationality, had a knife with a knife with a victim E (24 years of age) and a knife in front of the D club located in Gwangju Mine-gu, Gwangju, while the Defendant had a knife with a knife with a knife (30cm in knife length) three knife (30cm in knife length).

Accordingly, the defendant is blick with the victim B, and the defendant and B take one food knife from each side of the above banks, and flife the victim as the victim flife with a flife.

Accordingly, the Defendant conspiredd with B, carried a dangerous knife, and threatened the victim.

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.

Nevertheless, on June 22, 2015, the Defendant entered the Republic of Korea as a non-professional employment visa (E-9) and continued to stay in the Republic of Korea on May 20, 2018, even though the status of stay and the period of stay have expired.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of E;

1. Statement of the police statement concerning F;

1. Accusation of an immigration offender;

1. 112 Reporting case handling table; and

1. Status of individual entry or departure;

1. Shot photographs of field oil, photographs of on-siteCCTV, and photographs of those holding on-site oil;

1. Investigation reports (verification of the possessor of the on-site oil), investigation reports (specific suspect), and application of Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 284, 283(1), and 30 of the Criminal Act, Article 94 Subparag. 7, and Article 17(1) of the Immigration Control Act (the point of stay in violation of the period of stay), the choice of imprisonment for each of the types of punishment

1. From among concurrent crimes, the punishment of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is more severe special intimidation.

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