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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a wounded soldier who belongs to the 12th Team B of the Army, and the victim C (the age of 21) and the victim D (the age of 21) are soldiers, who are in the same rank as the defendant.
On January 23, 2019, from around 19:00 to 20:00, the Defendant: (a) at a cruel training place on the screen of the Gangwon Man-gun, the Defendant: (b) brought the victim C’s head to approximately 30 times with the victim’s head, which is a dangerous object in the mind that the victim C was in possession of the mind that he would be protruding out of the content; and (c) the victim D, who observed this, brought about about 10 times the victim’s head to the above 2 small-scale head, with approximately 2 small-scale head.
Accordingly, the defendant, carrying dangerous articles, and assaulted victims.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement of C and D (under the above evidence, the defendant's head and assaulted by the victim's head with his/her head as stated in its reasoning). As long as the defendant possesses a dangerous object or body intended to commit a crime at the scene of the crime, a special assault crime is established, and the victim is not required to be aware of such fact or actually used for the crime (see, e.g., Supreme Court Decision 2004Do2018, Jun. 11, 2004). It also includes not only the possession of dangerous objects in a special assault but also the wide use of the dangerous objects (see, e.g., Supreme Court Decision 2002Do2812, Sept. 6, 2002). Accordingly, even if the defendant, as the defendant's assertion of the defendant, was carried by the victim with his/her head, and even if he/she was in possession of a k2 small gun, it constitutes a special assault crime applicable to the defendant.
1. Article 261 of the Criminal Act and Articles 260 (1) of the same Act concerning the relevant criminal facts and the selection of punishment;