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(영문) 수원지방법원 평택지원 2018.10.05 2018고정213
폭행등
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

On March 21, 2016, the Defendant entered the army in the Army Edial Training Action, and transferred it to B transport on July 13, 2016, and served as the unit of the Maintenance Division.

1. 폭행 피고인은 2017. 7. 중순경 강원 인제군 C에 있는 위 수송대 운전병 휴게실에서 휴식을 취하던 중 일병 D에게 ‘ 나처럼 행동하라’ 고 하면서 가혹행위를 하다가 별다른 이유 없이 피해자 E(19 세, 일병 )에게 ‘ 대신 맞자 ’라고 말한 다음 오른손 중지 손가락을 튕겨 피해자의 이마를 3회 때려 폭행하였다.

In addition, as indicated in the list of crimes attached to the defendant, the defendant assaulted about nine times a total of four remaining soldiers, including the victim E, within a military unit, such as a driver's rest room, a living room, and an administrative team, from around that time to around August 2017.

2. On July 24, 2017, the Defendant: (a) committed a harsh act by force in an immigration cell located in the transport belt; (b) in order to receive a leave of absence from an immigration disease; (c) having a victim of a disease who was suffering from his/her own aftermath of a disease f; and (d) having the victim take advantage of his/her position as a sick; and (c) having the victim take advantage of his/her position as a sick; and (d) forcedly exercised the victim’s head by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on statements made by each special judicial police officer to E, F, G, and H;

1. Relevant provisions of the Criminal Act and Article 260(1) of the Criminal Act (the point of violence) regarding the facts constituting an offense, Article 62(2) of the Military Criminal Act (the point of abuse by force) and the choice of fines, respectively;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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