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(영문) 수원지방법원 2021.02.16 2020고단1258 (1)
특수상해등
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year

[Defendant B] The defendant shall be punished by a fine of KRW 2,00,000.

Reasons

Punishment of the crime

1. Defendant A

(a) The defendant in breach of the Immigration Control Act shall be a foreigner of the People's Republic of China, and the foreigner shall not stay in the Republic of Korea after he/she exceeds the scope of his/her sojourn status or sojourn period;

Nevertheless, the Defendant entered the Republic of Korea with a visa via (B-2) visa on April 12, 2016 and stayed in the Republic of Korea without obtaining permission for extension of the period of stay from the Minister of Justice, despite the expiration of the period of stay on May 12, 2016.

Accordingly, the defendant exceeded the period of stay as a foreigner and stayed in the Republic of Korea.

B. Around 01:56 on January 9, 2020, the Defendant, while drunkly drinking in the “D” located on the “D,” located on the 01:0 Osan City, C, and the 1st underground floor, had the victim B (26 years of age) and the Si expenses, and had the head of the victim several times due to beer disease, which is a dangerous object, put the victim into an open top of the face without any documentary evidence of merger for about two weeks.

2. Defendant B and E set up against the above assault by the victim A (38 years old) at the time, time, and place described in paragraph 1-B, and they set up the following items to put the victim, and the Defendant, in combination with this, sustained the victim’s face by making the victim’s face teared in a way that the victim’s face can teared, thereby jointly inflicting an injury on the number of treatment days.

Summary of Evidence

Each protocol of suspect interrogation of the Defendants and E

1. (B) Application of a written diagnosis of the police statement report to E (B) on the scene of accusation, field photographing of an immigration offender;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 258-2(1), 257(1) (a) of the Criminal Act, Article 94 Subparag. 7 and Article 17(1) of the Immigration Control Act (the point of sojourn beyond the period of sojourn, and the choice of imprisonment);

B. Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the selection of a fine (the full determination of the error at the investigation stage).

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