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(영문) 대구지방법원 2018.09.11 2018고단2768
직무수행군인등공동폭행등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a military police officer of the Water Defense Headquarters, who served as a sergeant at five military police units C.

1. 직무수행 군인 등 공동 폭행 피고인은 2017. 11. 하순 19:00 경 서울 용산구 D에 있는 E 상황실에서, 모니터 감시병으로 근무 중인 피해자 일병 F(20 세) 가 대답을 잘 못한다는 이유로 병 장 G은 피해자의 목을 조르고, 피고인은 혀로 귀를 핥으며 잡아당겨 “ 미친 새끼, 죽어 라 ”라고 소리쳐 공동으로 폭행하였다.

2. On November 1, 2017, the Defendant violated the Punishment of Violences, etc. Act (joint assault) committed joint assault against the victim four times in total, as shown in paragraph (1) around 17:00, on the basis of ice ice ice ice ice, on the part of the Defendant, on the part of the Defendant, at the E-living hall as indicated in paragraph (1) of the same Article, on the part of the Defendant, on the part of the head of the bottle G, on the part of the Defendant, on the part of the Defendant, on the part of the head of the bottle G, and on the part of the victim’s disease F, on the part of the head of the bottle G, on the part of the victim’s disease.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Application of the respective laws and regulations of H, I, J, K and L;

1. Article 60 (3) and Article 60 (1) 2 of the Criminal Act of the corresponding military Article 60 of the Act on the Punishment of Violences, etc. (the point of joint assault by military personnel in the line of duty, the choice of imprisonment), Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint assault, the choice of imprisonment with prison labor) concerning criminal facts;

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. It is necessary to strictly punish lower-rankings who have lived in the military with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, as acts committed against lower-rankings who have lived in the military.

The victim seems to have suffered a considerable mental suffering.

However, considering that the defendant's death and the victim does not want the punishment.

Rejection of Public Prosecution

1. Facts charged;

A. The Defendant of the assault was in order of November 2017.

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