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(영문) 제주지방법원 2020.03.25 2020고단94
상해등
Text

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

except that 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 is a Chinese illegal stayer who entered the Republic of Korea on September 25, 2015 as a holiday and visa on September 25, 2015 and whose current sojourn period has expired.

1. At around 06:30 on January 8, 2020, the injured Defendant suffered injury to the victim, i.e., pinsa, pinsa, internal and internal organs, which require approximately two weeks of medical treatment, by finding out in order to receive wages not paid from the victim, together with E (E, the suspension of indictment on the same day) the same Chinese illegal aliens status, in the residence of the victim D (E) who was in Jeju City Btel C, and by taking part in her face and head, he/she suffered injury to the victim.

2. The Defendant detained the victim for about five hours by assaulting the victim, at the above time, at the same place, as described in paragraph (1), and threatening the victim to keep frighten, “to nowhere to reduce the amount,” thereby preventing the victim from leaving the said place of residence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of each police statement made to F and D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on photographs of damaged parts;

1. Relevant Article 257 (1) and Article 276 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are against the defendant, a considerable period of time has been detained, and the defendant has agreed to have been detained for a considerable period of time, and the defendant's age, character and conduct, family relation, environment, circumstances and results of the crime, and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be comprehensively considered and determined as ordered.

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