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(영문) 창원지방법원 2020.03.31 2019고단4127
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. 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 December 7, 2017, the Defendant entered the Republic of Korea as a short-term visit (C3) sojourn status on December 7, 2017 and stayed abroad on March 7, 2018 without obtaining permission for departure or extension of sojourn period from the Republic of Korea, despite the expiration of the said sojourn period, until September 9, 2019.

2. On January 1, 2019, around 00:20 on January 1, 2019, the Defendant and accomplice (hereinafter “Defendant”) set a vision from D’s front stairs located in the third floor in Kimhae-si, Kim Jong-si, on the ground that Vietnam customers in the name of the Defendant and accomplice were obstructed.

피고인은 성명불상의 검은 모자를 착용한 피해자가 B과 계단 통행 문제로 말다툼을 하며 욕설을 하였다는 이유로 계단에 있던 위험한 물건인 맥주병을 들어 피해자에게 휘두르고, B은 발로 피해자의 가슴 부위를 3회 걷어찼다.

In addition, the Defendant, under the stairs, she saw 2 a beer and knife two knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant, together with B, assaulted victims by carrying beer disease, which is a dangerous thing.

Summary of Evidence

1. Court statements and statements of the accused;

1. A suspect interrogation protocol concerning B by the prosecution;

1. The police statement of the victim;

1. Each photograph, CCTV image, current status of entry into or departure from Korea by individual, information about foreigners in short-term stay, or accusation;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 94 Subparag. 7 of the Immigration Control Act, Article 17(1) of the Immigration Control Act (the status of stay and sojourn beyond the period of sojourn), Article 261 of the Criminal Act, Articles 260(1) and 30 of the Criminal Act, the choice of imprisonment with prison labor, each of the following cases:

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