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(영문) 광주지방법원 목포지원 2021.01.15 2020고단1704
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Special Injury Defendant and Victim B ( South, 38 years of age) are those who are Vietnamese foreigners and have mutual face value.

At around 23:40 on November 4, 2020, the Defendant heard from the above F that the victim forced the Defendant to take a second step (commercial sex acts) on the front of the “C” and the “D” road, and that the victim forced the Defendant to take a second step (commercial sex acts) on the “E” and caused damage to the victim’s face, which requires treatment for approximately 2 weeks, by using a double-style map (10cm in width and 20cm in length), which is a dangerous object (10cm in width and 20cm in length).

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.

On May 26, 2019, the Defendant, Vietnamese, entered the Republic of Korea as a visa for tourism (C-3-09) and stayed in the Republic of Korea after the lapse of June 25, 2019, which was the date on which the period of stay expires, from June 25, 2019, until November 4, 2020.

Summary of Evidence

1. Court statements made by the defendant with respect to B, G, and F;

1. Application of Acts and subordinate statutes to the internal investigation report, victim’s photograph, field photograph, internal investigation report (which is related to securing the data ofCCTV), CD one CD (H CCTV), investigation report, diagnosis document, request for cooperation in investigation (related to the accusation by the victim), information on foreigners in short term sojourn, investigation report (based on the analysis of CCTV videos), CCTV image analysis report, CCTV image analysis report, public notice for accusation against immigration offenders, inquiry, accusation, search report, seizure list, search site photograph, search site photograph, and photograph of criminal tools;

1. Relevant Article of the Criminal Act, Articles 258-2 (1), 257 (1) of the Criminal Act (a point of special injury) concerning the facts constituting an offense, and Articles 94 subparagraph 7 and 17 (1) of the Immigration Control Act (the point of sojourn in excess of the period of sojourn, and the choice of imprisonment);

1. The aggravated Criminal Act for concurrent crimes.

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