A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 10:20 on August 31, 2019, the Defendant: (a) inflicted an injury on a ship structure within the “C factory located in Yong-gun, Youngnam; (b) on the ground that the Defendant was in a dispute with the victim D (D, South Korea, 40 years old, and China) on the ground that the Defendant did not properly capture; (c) while doing flat work with the victim D, the Defendant was taking a bath against the victim; and (d) took a dangerous thing, which was brud with the victim’s head part; and (d) took a two-time treatment for the victim.

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

Nevertheless, the Defendant, on August 7, 2014, entered the Republic of Korea with the status of stay B-1 (Visa exemption) on August 7, 2014, and resided and stayed in the Republic of Korea, including Yongam, until August 31, 2019, despite the expiration of the period of stay on November 5, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. 12 accident management table, on-site photographs, reports on the results of field identification, investigation reports (Attachment of a medical certificate for an injury), and written diagnosis of an injury;

1. Application of relevant Acts and subordinate statutes, such as a report on investigation (verification of suspect A short-term stay foreigner information, etc.), one copy of information on short-term stay foreigners, one copy of entry and departure status of each individual, one investigation report (attached to the accusation, etc. (Immigration Control Act),

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) and 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 point of sojourn in excess of the duration of stay, and the choice of imprisonment);

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - Unfavorable circumstances: In light of the tools used for the commission of the crime and the body of injury, the degree of danger of the act is serious, the degree of illegal stay is not agreed with the victim, the period of illegal stay is a long-term period of time - the favorable circumstances are recognized