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(영문) 수원지방법원 성남지원 2020.03.04 2019고단2989
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around November 24, 2019.12:30 on November 24, 2019, the Defendant suffered from special injury: (a) on the ground that the victim C (the 55-year old-gu) visited the victim as a customer to the multiple houses operated by the victim C (the 55-year old-gu) and talked about drinking with the victim; (b) on the ground that the victim’s face and the dub is neglected without taking the victim’s horse, the victim’s disease, which is a dangerous object on the mebb, 3 times the victim’s face and the dub; and (c) on the one occasion, the victim’s right hand knife caused injury, such as a fife, a knife that requires four-day medical treatment,

2. Any foreigner who violates the Immigration Control Act may sojourn in Korea within the limits of his/her sojourn status and period of sojourn.

The Defendant, as a foreigner of Chinese nationality, entered the Republic of Korea as a short-term visit (C3) sojourn status on January 21, 2017, and stayed in the Republic of Korea beyond the scope of sojourn period for about two years and seven months until now, despite the expiration of the period of sojourn on April 21, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Damage photographs and on-site photographs;

1. A medical certificate;

1. Application of the Acts and subordinate statutes requesting an accusation against a person who violates the Immigration Control Act;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) of the Criminal Act that prescribes the choice of punishment (the point of special injury), and Articles 94 subparagraph 7 and 17 (1) of the Immigration Control Act (the point of sojourn beyond the duration of stay, and the choice of imprisonment);

1. Reasons for sentencing among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of summing up the long-term punishments, the lower limit shall be based on the penalty specified in the special injury crime);

1. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury and Cumulative Bodily Injury) (Type 1) No special injury (Special Bodily Harm) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and six months to two years;

(b) Second offense (violation of the Immigration Control Act: Unestablished offense); and

(c) multiple crimes;

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