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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 punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant entered Korea at around March 31, 2005, and for about seven years after the expiration of the period of stay at around March 31, 2006, the defendant is a Chinese national who has been illegally staying in Korea and is engaged in a daily occupation.
1. Around 12:00 on January 29, 2013, the Defendant violated the Punishment of Violences, etc. Act (a group., injury by deadly weapons, etc.), the victim D (the age of 27) who is a volunteer in the workplace at a restaurant at Sinung-si (hereinafter referred to as “the age of 27”) committed an injury to the victim, such as two-three times the head of the victim, who is a dangerous thing, was dead and was dead, and the victim was able to take care of the victim’s face by drinking.
2. Around 09:50 on February 7, 2013, the Defendant issued a request to present an identification card from the outside of the Gyeonggi Provincial Police Agency and the head of the affiliated police agency F, who was arrested on the street in front of the Dong-gu, Ansan-si, Ansan-si for the same reason, and illegally presented his/her official document under the name of G, a document held, as if the Defendant had completed the registration certificate.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement made to D by the police;
1. Each investigation report, copy of the membership report, G entry status, photograph of the suspect, records of seizure, and photographs of seized articles;
1. Application of Acts and subordinate statutes to inquiries about foreign crimes and investigation records;
1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, and Articles 257 (1) and 230 of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) appears to have committed a crime of violating the Punishment of Violences, etc. of this case by contingency in the state of taking into consideration all circumstances, such as the fact that the defendant is detained and the defendant is
1. The method of each of the crimes in this case under Article 62(1) of the Criminal Act;