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(영문) 대구지방법원 경주지원 2020.06.25 2020고단218
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, 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, on August 6, 2019, entered the Republic of Korea on August 6, 2019, was a foreigner of the Republic of Korea Kazakhstan who works for daily-service work through a human resources office, and around January 2020, the Defendant became aware of the victim B (B, South, and 36 years old) of Uzbekistan who resides in the same studio through a land manager, and became familiar with each other.

1. Around 15:00 on April 25, 2020, the Defendant suffered special injury: (a) while drinking alcohol with the victim as well as the victim’s dwelling “Dum” E, which is the victim’s dwelling in the Sin-si, on the following occasions: (b) on the ground that the victim repeatedly states that “it shall pay an urban gas fee; (c) shall also pay the insurance money; (d)” and repeatedly states that he/she is under the influence of alcohol and makes annoying; (b) on the ground that he/she drinks the victim’s knife, which is a dangerous object in the room (20cm length, 33 cm in total length), has a knife a knife of the victim’s left side, which would have a knife a knife and defend it, and the victim’s left side side, which is necessary for the victim’s treatment for about two weeks, was opened on the left side of the victim.

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

Nevertheless, the Defendant, on August 5, 2019, entered the Republic of Korea around September 4, 2019, and stayed in the Republic of Korea from September 5, 2019 to April 5, 2020 despite the expiration of the period of stay.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. A written diagnosis of injury;

1. Investigation report (Attachment of a criminal suspect's accusation report in violation of the Immigration Control Act), - Application of the statutes governing the accusation charge;

1. Relevant Article of the Criminal Act and Articles 258-2 (1), 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 escape of stay period and the point of stay after stay, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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