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(영문) 의정부지방법원 2016.07.01 2016고단1854
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 24, 2016, the Defendant: (a) caused the victim F. (27) by using the kitchen knife (the total length of 30 cm, 18 cm), which is a dangerous thing in the kitchen in which the kitchen was located; and (b) inflicted injury on the victim by using the kitchen knife (the total length of 30 cm, 18 cm) which is a dangerous thing in the kitchen in which the victim was living in the dormitory resting room of the “D” (D”) located in Macheon-si on April 24, 2016.

2. The Defendant violated the Immigration Control Act, on August 26, 2008, stayed illegally in the Republic of Korea without a valid status of stay from October 20, 2014 to May 17, 2016, which is the date on which the period of non-professional employment (E-9) was expired, despite the lapse of the said period of stay at the time of August 25, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement made to F and E;

1. Each description and image of damaged photographs, the scene of the crime, photographs, etc.;

1. Application of each Act or subordinate statute stated in the registration record of foreigners, suspect's entry or departure record, official document requesting accusation of immigration offenders, and investigation report (related to illegal period of sojourn in violation of the Immigration Control Act);

1. Relevant Article of the Criminal Act, Articles 258-2 (1), 257 (1) (the point of injury) of the Criminal Act concerning the facts constituting an offense, Articles 258-2 (1), 257 (1) and Articles 94 subparagraph 7 and 17 (1) of the Immigration Control Act (the point of staying in excess of the scope of sojourn status or sojourn period, and the choice of imprisonment);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes, which are determined for the heavier special injury);

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following sentencing grounds) (the sentencing guidelines are not yet provided for the special injury crimes under Article 258-2 of the Criminal Act newly established on January 6, 2016, and the sentencing guidelines are also guidelines for the violation of the Immigration Control Act.

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