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(영문) 서울서부지방법원 2017.11.29 2017고단2885
직무수행군인등폭행등
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

1. On March 1, 2017, the Defendant assaulted the victims at least 26 times in total, as shown in attached Table 1, in order to receive mental education at the Jinsan Information Base Living Center located in Gyeonggi-gun, Gyeonggi-do, 2017, in order to receive mental education at a situation room, the Defendant, who was living in the situation room, committed assaulting the victims of the said victim’s sexual shoulder B at three times, with the part of his/her her her her her her her her her her her her her her her her her her her her her b, etc. from March 1, 2017 to March 19, 2017.

2. On March 6, 2017, between 04:00 and 07:00 on March 6, 2017, the Defendant, such as a soldier on duty, committed assault against a soldier on duty, who was performing his duty five times in total, on the part of the part of the part of the victim’s son B, who was performing his duties in D at the information base situation room set forth in paragraph 1, including assaulting around 8 to 12, and over 4 to 6, the part of the son’s son’s son’s son part of the son’s son’s son who was performing his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the military prosecutor of the defendant;

1. Statement made by the military prosecutor of each service branch concerning B and C;

1. E statements;

1. A certificate of service in B;

1. Investigation report (work order);

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 260 (1) (the point of violence) of the Criminal Act and Article 60 (1) 2 (the point of violence committed against a soldier in the course of performing his/her duties) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the nature of the crime is not weak in light of the frequency and form of the assault in this case, and the victims have lived together with the defendant;

As a subordinate of the military army, considerable severe severe pain was caused due to the lack of appropriate response to the violence of the defendant due to the characteristics of the military culture that is well-known and closed.

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