A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

The Defendant and the victim B (the South, the age of 37) are those who work together at the " farm" located in the Gyeongbuk-gun C of the Gyeongbuk-do.

1. 특수상해 피고인은 2020. 9. 6. 21:50경 경북 칠곡군 D에 있는 ‘ 농장’ 기숙사에서 피해자와 술을 마시던 중, 술에 취하여 잠이 든 피해자에게 “계속 술을 마시자.”라고 말하면서 볼펜으로 피해자의 몸에 그림을 그리고 그곳에 있던 가위로 피해자의 몸을 콕콕 찔러 이에 피해자가 짜증을 내자 발로 피해자의 목과 어깨 부위를 수회 차고 피해자와 서로 밀고 당기는 몸싸움을 하게 되었다.

The Defendant continued to find excessive points in the vicinity of the Defendant and the victim’s body during the fighting and to take this up, the Defendant got off three times the parts of the victim by cutting off the transition (21.5cm in total length, 11cm in length) that the victim was gathered.

Accordingly, the defendant carried dangerous articles with the victim, thereby causing damage to the factory in an open room within the 4 weeks of medical treatment.

2. 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 entered the Republic of Korea with the status of stay exempted from visa (B-1) around July 2, 2018 and stayed in the Republic of Korea from September 30, 2018, even though the period of stay expired on September 30, 2018.

Accordingly, the defendant was staying in Korea beyond the scope of the period of sojourn.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, and B;

1. Records of seizure and the list of seizure;

1. Domestic investigation reports (personal identifications, such as the suspect and the victim's status of stay), internal investigation reports (related to details of seizure of criminal investigation tools), investigation reports (to visit the hospital of the victim and the victim, and hearing of the relative statement of the doctor in charge), investigation reports, and operating traces of the victim.