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(영문) 인천지방법원 2018.05.31 2018고단2344
특수상해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. In February 18, 2018, the Defendant, at around 01:00 on February 18, 2018, went to the back part of the victim’s head, which is a dangerous product while drinking with the victim D (Emmon nationality, 29 years old) and alcohol, within the Seo-gu Incheon Metropolitan City C 203.

Accordingly, the defendant carried dangerous articles and carried them a 7 cm length of the number of days of treatment to the victim.

2. An alien staying in the Republic of Korea violating the Immigration Control Act shall carry a passport, etc. at all times, and present a passport, etc. at the request of an immigration control official or authorized public official in connection with his/her duties;

Nevertheless, around 03:55 on February 18, 2018, the Defendant requested to present a passport, etc. in order to verify the personal information related to the above special injury by the E DistrictF belonging to the Incheon Seo-gu Police Station E District in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon. but “I do not have a passport or alien registration certificate,” but did not comply with the above demand while speaking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense; Articles 98 subparagraph 1 and 27 of the Immigration Control Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (with respect to special injury) of the mitigated amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) of the Criminal Act on the suspension of execution (with respect to imprisonment);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act and subordinate statutes, which does not apply the sentencing guidelines) is an unfavorable circumstance in which Koreans staying in the Republic of Korea are able to engage in bad behavior or repeat a crime.

However, if the consideration of administrative disposition, such as punishment of victims and forced prosecution, is considered appropriate, it will be considered that the treatment within society with prudentness is appropriate.

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