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(영문) 대전지방법원 2017.09.08 2016고단3228
폭행치상
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the United States Armed Forces Associate (CW2, chief warranty) working in the United States Armed Forces E.

On July 17, 2016, the Defendant reported the victim H (H, 27 years of age, and English nationality) who had danced in music in the front outdoor content of the “G pention” in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do. On July 17, 2016, the Defendant reported two times the victim’s face at one time, and had the victim go beyond the center of the breath and go beyond the floor without any particular reason.

As a result, the defendant suffered from the victim's appearance of a copy of the entrance to the right side which needs to be treated for about six weeks.

Summary of Evidence

1. A witness I and each legal statement of the J;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to H;

1. Statement made by the police to J;

1. A medical certificate;

1. On-site photographs (scambling of the suspect of violence);

1. Reports on internal investigation, and damage situations;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to an investigation report (in cases of attaching a report, such as records of medical treatment of victims and logs for emergency medical services activities);

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of punishment for a crime (opportune)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the defendant's assertion of defense counsel under Article 334 (1) of the Criminal Procedure Act

1. Summary of the assertion

A. Under Article 22 (9) (a) of the SOFA, “the right to a prompt trial at any time when a public prosecution has been instituted under the jurisdiction of the Republic of Korea” is “the right to a prompt trial without delay; under Article 22 (9) (c) of the SOFA, the right to face with a witness unfavorable to him/her is protected as the right of members of the United States armed forces; and the Ministry of Justice by embodying Article 22 (9) (c) of the above SOFA by embodying the right to face with a witness unfavorable to him/her; and the Ministry of Justice shall identify the address and personal information of the core witness so that he/she may be summoned from the commencement of the investigation; or shall have the primary jurisdiction over the exclusive jurisdiction.

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