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(영문) 서울중앙지방법원 2018.02.07 2017고단1759
특수상해등
Text

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

Reasons

Punishment of the crime

On December 31, 2016, the Defendant: (a) around 19:00 on December 31, 2016, the day before the ‘D main office located in Guro-gu Seoul Metropolitan Government', and (b) on the day before the ‘D main office located in Guro-gu Seoul Metropolitan Government, the Defendant would refuse to drink with the victim E (63 tax).

“Along with the word “,” the head of the victim was laid down once by the victim, while the head of the victim was laid down, who was a dangerous object in the air conditioners at the place where he was laid down.

As a result, the Defendant assaulted the victim while carrying dangerous things, thereby causing two fluences that require approximately two weeks of treatment to the victim.

On March 23, 2017, the Defendant continued to stay in the Republic of Korea without obtaining permission for extension of the period of stay from March 24, 2017 to December 3, 2017 by the Minister of Justice, despite the fact that the status of stay expires on March 23, 2017, and a foreigner intends to continue to stay in the Republic of Korea beyond the period of stay, as prescribed by Presidential Decree.

Summary of Evidence

"2017 Highest 1759"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. A damaged image photograph "2017 Goyle 8724";

1. Statement by the defendant in court;

1. Requests for accusation against the violator of the Immigration Control Act;

1. Application of statutes on foreigner identity information (verification of illegal stay);

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 94 and 25 of the Immigration Control Act (a point of continuous stay in excess of the period of sojourn, and choice of imprisonment);

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

1. The following circumstances and the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime for sentencing of Articles 53 and 55 (1) 3 (in regard to special injury) of the Criminal Act for mitigation of amount of punishment, following the reasons for sentencing.

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