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(영문) 의정부지방법원 2017.12.27 2017고단3967
특수상해등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Special injuries Defendant A (one-person referred to as “D”), Defendant B (one-person referred to as “E”), and Defendant F (one-person referred to as “F”) are all foreign workers with the nationality of Thailand.

On July 9, 2017, the Defendants: (a) 02:00 on July 9, 2017, when the victims I returned to Korea with the above “F” house while drinking alcohol at a dedicated club, which is an influence of the trade name of “H” located in G, Ma, the Defendants took part in the club and met the victim’s face and body, and (b) the Defendants took part in the club and met the victim’s face and body.

As a result, the Defendants, along with “F” and “F”, committed the following acts: (a) the victim was forced to receive approximately six weeks of medical treatment; and (b) the two mains of the blood transfusion and the two mains of medical treatment.

2. Notwithstanding the fact that a foreigner in violation of the Immigration Control Act is able to stay in the Republic of Korea within the scope of his/her status of sojourn and the period of sojourn, Defendant A entered the Republic of Korea as visa exemption (B-1, 90 days) on August 6, 2016 and stayed illegally in the Republic of Korea without the status of sojourn valid until August 23, 2017, where the period of sojourn is limited, even if he/she was able to stay in the Republic of Korea only by November 4, 2016, and Defendant B entered the Republic of Korea as visa exemption (B-1, 90 days) on October 11, 2014, and stayed illegally in the Republic of Korea without the status of sojourn valid until August 23, 2017, where the period of sojourn was limited, even if he/she was able to stay in the Republic of Korea only until January 9, 2015.

Summary of Evidence

1. Each legal statement by the Defendants (as at the third public trial date);

1. Legal statement made by a witness L;

1. Statement by I to J of the police statement;

1. Application of each Act or subordinate statute stated in a medical certificate, each immigration status, and a written accusation;

1. Article 258-2(1) and Article 257(1) of the Criminal Act (a) of the same Act, Article 94 Subparag. 7, and Article 17 of the Immigration Control Act.

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