logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2019.10.02 2019고단1563
특수상해등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 26, 2018, the defendant entered Jeju-do as a foreigner of Chinese nationality, and was admitted to Jeju-do as Jeju-do Tourism visa (B-2-2).

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

Nevertheless, the Defendant, as seen above, entered the Republic of Korea through Jeju International Airport as a non-Visa tourism sojourn qualification, and did not leave the Republic of Korea until October 26, 2018, which is the expiration date of the period of sojourn, and stayed more than the period of sojourn until July 30, 2019.

2. At around 06:00 on July 25, 2019, the Defendant suffered special injury: (a) the victim C (C and 51 years of age) who was living together in the farm where the Defendant was living in Western-si B, and was able to reduce the capital by using a knife, and (b) the victim C (C and 51 years of age) who was working together in the above farm and the victim’s knifebbbbb, which was dangerous for an unforeseen reason; (c) three times the victim’s left-hand part of the knifebbbbbb, which was dangerous for the victim’s knife, was laid down one time at the right-hand part; and (d) the victim and the body of the victim were fighting with the knife at the above knb.

Accordingly, the defendant carried dangerous articles and put the victim into the left-hand buckbucks which require treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Written accusation and information about short-term stay;

1. An emergency medical record book, an operation record book, and a medical certificate;

1. Application of Acts and subordinate statutes governing victim photographs;

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 fact that the method of injury of the defendant was very dangerous and excessive, such as the victim's multiple times with the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes, and that there was no agreement with the victim.

arrow