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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around July 24, 2016, the Defendant suffered special injury: (a) around 20:30, Seosan-si apartment 101-dong 105, 101-dong 105, and the victim D (34-dong 34) and the victim during drinking with the Defendant, who had been working for daily work together with the Defendant, are “limited to the victim’s voice as he was unable to work well”; (b) the victim had a dispute with the victim, who was frightly and frighted against the Defendant, and had the victim resisted against the Defendant and frightly talked with the victim at one time, the victim’s left snow part of the victim’s drinking, which is a dangerous article that the victim frighted with the desire of the victim, with the victim being able to know about the number of days open to the victim’s chest in the condition of the victim, such as about 33 cm in total, and about 21 cm in the shape of the victim.
2. If a foreigner in violation of the Immigration Control Act intends to continue to sojourn in excess of a sojourn institution, he/she shall obtain permission for extension of the period of sojourn from the Minister of Justice;
Nevertheless, on June 27, 2014, the Defendant, a Chinese national foreigner, entered the Republic of Korea as a short-term visit (C-3-2) with a stay period of 30 days, and continued to stay in the Republic of Korea beyond the period of stay without obtaining permission for extension of the period of stay from the Minister of Justice, despite the expiration of the period of stay on July 27, 2014.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to E, D, and F;
1. Each relevant photograph, each victim's photograph, written opinion, diagnosis, closure photograph of a foreigner's identity information course, a copy of the passport of the suspect, the entry and departure status of each individual, investigation report (record 263 pages), and a written accusation;
1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;
1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 94 subparagraph 17 and 25 of the Immigration Control Act concerning facts constituting an offense;
1. The aggravated Criminal Act for concurrent crimes.