Cases
2016 Highest 2549 sentrys, Assaults (Revocation of Public Prosecution)
Defendant
A person shall be appointed.
Seoul Metropolitan Government Housing Guro
Seongbuk-gu Seoul basic domicile
Prosecutor
Military prosecutor trial date (prosecutions) and prosecutor Kim Jong-Un (Trial date)
Imposition of Judgment
August 12, 2016
Text
A defendant shall be punished by imprisonment for not less than six months.
except that the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Criminal History Office
The Defendant was dispatched to the E Air Team (hereinafter referred to as the “Air Team”) located in the Da-dong from November 13, 2015 to January 20, 2016, and was discharged from military service on June 15, 2016, and the victim’s disease F (20 years of age) and Japan’s disease G (20 years of age) were the successors who continued to work together with the Defendant under the same jurisdiction as the Defendant.
1. At around 07:0 on December 3, 2015, the Defendant assaulted the victim, who was a sentry, on 14 occasions over 45 days from the time on January 16, 2016, on the ground that the victim was aware of the victim’s face while working on a boundary with the victim F, at the front of the Air Zone, on the ground that the victim was working on one occasion at the victim’s face and 5 times the head of the victim who was carrying the bomb with the Defendant’s right hand, from the time on 45 days from January 16, 2016.
2. On December 20, 2015 or on the 21st day of the same month, the Defendant proposed that the Defendant, while carrying out the guard duty with the Victim G at the Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am. Am.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police of the F;
1. A copy of the police statement concerning G;
1. Boundary operations order (from December 4, 2015 to January 15, 2016)
1. P96K photographs;
Application of Statutes
1. Article applicable to criminal facts;
Article 54 subparagraph 2 of each Criminal Code
1. Aggravation for concurrent crimes;
Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act
1. Suspension of execution;
Article 62(1) of the Criminal Act (see, e.g., Article 62(1) that the Defendant reflects his mistake and completed the remaining military life in good faith after the crime of this case; the Defendant discharged from military service; the victims have agreed with the victims; and there
Judges
Judges Dominl