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(영문) 대전지방법원 서산지원 2016.09.30 2016고단544
특수상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 9, 2016, the Defendant suffered from assaulting the victim’s left part part of 1373 Sin-dong, Jin-si, Jin-dong, Jin-si, 1373 on the face of the Defendant and the victim’s wife while drinking alcohol together with the victim C (C, Monmon nationality, 29 years of age) on August 9, 2016, the Defendant got involved in assaulting the victim’s face of drinking alcohol. However, the Defendant find the victim’s head on one occasion by gathering the final disease, which is a dangerous object on the part of the above park, and broken the victim’s head on one occasion, and caused the victim’s injury, such as fining the victim’s left part of finite disease, thereby causing about three weeks of face treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. No foreigner violating the Immigration Control Act shall sojourn in the Republic of Korea beyond the sojourn status or sojourn period;

On April 8, 2014, the Defendant entered the Republic of Korea as a non-professional employment (E-9-1) qualification and stayed in Jin-si from July 23, 2015 to August 9, 2016 as he/she was staying in the above address when he/she reported his/her unknown whereabouts after leaving the above sojourn in the Jeju Special Self-Governing Province D, Jeju Special Self-Governing Province, and E] on April 11, 2014. As he/she was staying in the above address on June 11, 2015, the Defendant stayed in Jin-si from July 23, 2015 to August 2016.

Accordingly, the defendant exceeded the scope of the period of stay, and illegally stayed in Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against C;

1. Accusation of an immigration offender;

1. Application of Acts and subordinate statutes, such as field photographs, photographs of victims' injuries, information on the identity of long-term aliens staying in Korea, medical opinions, and medical certificates;

1. The pertinent Article of the Criminal Act and Articles 258-2(1), 257(1) (a) of the Criminal Act regarding criminal facts; Articles 94 Subparag. 7 and 17(1) of the Immigration Control Act (illegal stay, Selection of Imprisonment, etc.).

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