A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

1. On April 30, 2016, the Defendant: (a) drinked alcoholic beverages in the D’D’ restaurant located in the wife population C, on April 30, 2016, and became the victim E (42 years of age) and Si expenses; (b) collected bricks, which are dangerous objects on the road outside the above restaurant, during the dispute with the victim outside the above restaurant, and inflicted two weeks of the victim’s hairs upon the victim, and suffered bodily injury, such as two skins, which require approximately two weeks of treatment.

2. Any foreigner violating 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, a Chinese national, entered the Republic of Korea on February 8, 2016 as a short-term visit sojourn status, and did not depart on May 8, 2016, the expiration date of the period of stay, and stayed in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A medical certificate;

1. On-site and criminal tools, and passport photographs A;

1. Application of Acts and subordinate statutes on accusation against immigration offenders and details of inquiry about period of stay;

1. Relevant Article of the Criminal Act, Articles 258-2 (1), 257 (1) of the Criminal Act (a point of special injury) concerning the facts constituting an offense, Articles 258-2 (1), 257 (1) of the Criminal Act, Articles 94 subparagraph 7 and 17 (1) of the Immigration Control Act (a point of illegal stay, and choice of imprisonment);

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravation of Concurrent Crimes are recognized and wrong.

The circumstances are recognized that there is no record of punishment in addition to the fine.

On the other hand, it is highly dangerous to get the head of the victim from the brick, which is a dangerous object.

In addition, by staying after the lapse of one period of stay, it disturbs the order of immigration management.

In this respect, the responsibility can not be borne strictly.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the instant pleadings, the sentence of imprisonment is to be imposed.