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(영문) 수원지방법원 안산지원 2020.03.19 2020고단327
특수상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

excessive one sheet (No. 6) seized shall be confiscated.

Reasons

Punishment of the crime

1. No foreigner who violates the Immigration Control Act shall sojourn in Korea beyond the scope of his/her sojourn status and sojourn period;

On May 3, 2019, the Defendant entered the Republic of Korea with the visa exemption status (B1) around May 3, 2019 and stayed in the Republic of Korea until January 20, 2020, despite the expiration of the period of stay on July 2, 2019.

2. Around 11:35 on January 19, 2020, the Defendant suffered special injury: (a) while drinking alcohol with the victim D (D, Russia, 30 years of age) within the members of Ansan-si, Ansan-si, a member Belc; and (b) the victim did not bear the alcohol value at the alcohol house before he/she was accommodated in the her her her her her her her her her her her she became a vision with each other; and (c)

At the same time, E, who had drinking, was suffering the victim in order to speak fighting, and the defendant collected the transition (total length of 20 cm, length of 10 cm, length of 10 cm, and No. 6) which is a dangerous object in that place, and made two times the victim's stroke, and one time the left knife the victim's knife's knife on the left side of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Police suspect interrogation protocol regarding E;

1. Written opinions of opinions;

1. Each protocol of seizure;

1. Application of the Acts and subordinate statutes governing the immigration control station;

1. Relevant laws concerning facts constituting an offense, Articles 258-2 (1), 257 (1) and 257 (1) of the Criminal Act (the point of special injury), and Articles 94 subparagraph 7 and 17 (1) of the Immigration Control Act (the point of illegal stay and the choice of imprisonment);

1. Aggravation of concurrent crimes: The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated, but the punishment shall be aggravated within the scope aggregated with the long-term punishment of two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for a period from six months to six years for six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A Class 1 crime (Special Bodily Injury) (Special Bodily Injury Determination) (Special Bodily Injury) ; 02. An injury resulting from a special injury or repeated offense (Type 1).

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