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(영문) 광주지방법원 2021.02.04 2020고단6725
특수협박등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. A special intimidation Defendant, along with B, who is a foreigner of the nationality of the same Cambodia, was in dispute with the victim E (24 cm) in front of D on July 19, 2020, around 05:00, at D in Gwangju Mine-gu, about 19:5:00, while he was in dispute with the view to trial with the victim E (24 cm). The Defendant, with a bank having a knife knife (30cm in length of knife) of a dangerous article that he was in his possession, wraped to B, which is a dangerous article that he was in his possession.

In addition to "B", the defendant and B are tight with the victim, and the defendant and the B have knife the victim as the victim with a knife knife knife knife knife in the above bank.

Accordingly, the Defendant conspiredd with B, carried a dangerous knife, and threatened the victim.

2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

Nevertheless, on May 3, 2015, the Defendant continued to reside in the Republic of Korea on December 20, 2016 after entering the Republic of Korea as a non-professional employment (E-9) of sojourn status and sojourn status has expired.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect B or E of the police;

1. Accusation of an immigration offender;

1. A protocol of seizure and a list of seizure;

1. Status of individual entry or departure;

1. 112 Reporting case handling table;

1. On-site photographs, on-site CCTV photographs, photographs verified by a person holding an on-site oil, and photographs of seized articles;

1. Application of Acts and subordinate statutes to a report on internal investigation (on-site identification and three collection-cars identification), internal investigation report (on-site confirmation and attachment of image data), investigation report (verification of the possessor of an on-site oil), investigation report (verification of the expiration of the period of sojourn), investigation report (Attachment of CCTV images in the field of the case), investigation report (verification of CDs in the field of the case), investigation report (verification of the judgment on a person who committed an official offense B);

1. Relevant Article of the Criminal Act, Articles 284, 283(1), and 30 (Special Intimidation) of the Criminal Act regarding criminal facts, Articles 94 Subparag. 7 and 17(1) of the Immigration Control Act (the point of sojourn in violation of the period of sojourn), and each of the choice of imprisonment.

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