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(영문) 제주지방법원 2018.05.30 2018고단997
상해등
Text

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

Reasons

Punishment of the crime

The defendant is a foreigner of Chinese nationality who enters Jeju-do for tourism purposes on March 8, 2017 and is staying in illegal stay after the period of sojourn expires on April 7, 2017.

1. On April 29, 2018, the injured Defendant: (a) around 20:45 on the road in front of the C Building on the Jeju Building; (b) on the part of the victim D, who told the victim D of a fighting match between the Defendant and another Chinese illegal stayingr, and (c) cut the victim’s left hand, so far as it is difficult for the victim to end the second hand of the victim’s second hand, thereby causing injury to the victim on the left hand, which requires approximately four 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.

On March 8, 2017, the Defendant entered the Republic of Korea with the competent visa (B-2-2) status on March 8, 2017, and stayed in the Republic of Korea beyond the period of sojourn from April 7, 2017 to April 29, 2018, the expiration date of the period of sojourn, without departing from the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A medical certificate of the person under consideration;

1. Photographs related to the victim's DNA;

1. Accusation of a person who violates the Immigration Control Act;

1. A written accusation;

1. The application of Acts and subordinate statutes to investigation reports (Attachment of suspect's written inquiry about sojourn status);

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 94 Subparag. 7, Article 17(1) (the point of sojourn and the point of stay) of the Immigration Control Act, and the choice of imprisonment, respectively, for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Violation of the sentencing criteria [the scope of recommended punishment] is based on the minimum limit of the above sentence range, since the applicable sentencing criteria is not set for the violation of the Immigration Control Act in the case of serious injury [the multiple crimes] in the aggravated area (6 months - 2 years) (the person subject to special sentencing] of category 1 (the general injury) and the aggravated area (the special person subject to sentencing].

2. The sentence of sentence (a favorable circumstance) is the first offender;

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