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U.S. Soldiers Held for Harassing Woman on Subway
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CentralCali



Joined: 17 May 2007

PostPosted: Thu Feb 07, 2013 6:47 pm    Post subject: Reply with quote

newb wrote:
The soldiers will remain innocent until PROVEN guilty. Koreans will have to provide substantial evidence to prove the soldiers guilty.


Exactly right. And that's one of the very good reasons for the SOFA in the first place. I didn't mention that the SOFA also requires a US Armed Forces legal observer at the questioning and, if there is one, trial of the accused.
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rkc76sf



Joined: 02 Nov 2008

PostPosted: Sat Feb 09, 2013 6:34 am    Post subject: Reply with quote

CentralCali wrote:
newb wrote:
The soldiers will remain innocent until PROVEN guilty. Koreans will have to provide substantial evidence to prove the soldiers guilty.


Exactly right. And that's one of the very good reasons for the SOFA in the first place. I didn't mention that the SOFA also requires a US Armed Forces legal observer at the questioning and, if there is one, trial of the accused.


Need to do away with that there SOFA, it keeps them American soldiers out of Korean prisons! I always laugh when I hear that argument. THat crazy SOFA does things like- keep Korean prosecutors from interrogating minor dependents of SOFA status soldiers and civilians. I know that's a CRAZY notion, not allowing the Korean police to interrogate our kids if they were witnesses to any wrongdoing- i.e.- Burger King murders. It can be argued one way or the other, but that's the rights we enjoy in America and if they want American soldiers to be in this country, there are certain concessions they have to make.
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rkc76sf



Joined: 02 Nov 2008

PostPosted: Sat Feb 09, 2013 6:51 am    Post subject: Reply with quote

Dodge7 wrote:
Died By Bear wrote:
As long as we're stereotyping

I saw that article on Yahoo but just read the headline and didn't bother to click. Who would have guessed it was a Korean guy..sounds Korean anyway.

Did you notice NO mention of his race or ethnicity? Had this been in Korea and reversed you would have heard the news reporter say "waegookin" about 20 times before it ended.

Pitiful


You're talking about this from the Chosun Ilbo
http://english.chosun.com/site/data/html_dir/2013/02/07/2013020701246.html

"Korean American Kills Neighbors Over Dog Feces" (with specific reference to being KOREAN AMERICAN so it can distance itself, much like Jo Sung Hee of Virginia Tech)

American newspaper:
"Chung Kim, Texas Man, Allegedly Kills 2 Neighbors Over Dog Feces Argument" (with no mention of Korean decent because nobody gives a rats ass)
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CentralCali



Joined: 17 May 2007

PostPosted: Sat Feb 09, 2013 6:59 am    Post subject: Reply with quote

rkc76sf wrote:
Need to do away with that there SOFA, it keeps them American soldiers out of Korean prisons! I always laugh when I hear that argument. THat crazy SOFA does things like- keep Korean prosecutors from interrogating minor dependents of SOFA status soldiers and civilians. I know that's a CRAZY notion, not allowing the Korean police to interrogate our kids if they were witnesses to any wrongdoing- i.e.- Burger King murders. It can be argued one way or the other, but that's the rights we enjoy in America and if they want American soldiers to be in this country, there are certain concessions they have to make.


You are mistaken about the SOFA. Even dependent personnel of the military members are subject to arrest, questioning, trial, and imprisonment by the Korean authorities.
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rkc76sf



Joined: 02 Nov 2008

PostPosted: Sat Feb 09, 2013 7:20 am    Post subject: Reply with quote

CentralCali wrote:
rkc76sf wrote:
Need to do away with that there SOFA, it keeps them American soldiers out of Korean prisons! I always laugh when I hear that argument. THat crazy SOFA does things like- keep Korean prosecutors from interrogating minor dependents of SOFA status soldiers and civilians. I know that's a CRAZY notion, not allowing the Korean police to interrogate our kids if they were witnesses to any wrongdoing- i.e.- Burger King murders. It can be argued one way or the other, but that's the rights we enjoy in America and if they want American soldiers to be in this country, there are certain concessions they have to make.


You are mistaken about the SOFA. Even dependent personnel of the military members are subject to arrest, questioning, trial, and imprisonment by the Korean authorities.


No, I'm just saying that was an issue with the Itaewon Burger King homicide, that the Korean authorities couldn't question or bring to trial as witnesses the minor dependents of SOFA members. It can be argued whether that's a good thing or not.
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CentralCali



Joined: 17 May 2007

PostPosted: Sat Feb 09, 2013 8:15 am    Post subject: Reply with quote

rkc76sf wrote:
No, I'm just saying that was an issue with the Itaewon Burger King homicide, that the Korean authorities couldn't question or bring to trial as witnesses the minor dependents of SOFA members. It can be argued whether that's a good thing or not.


It can be argued, but it's an argument not based in reality. Once again, SOFA personnel including dependents are subject to Korean law, including arrest, questioning, prosecution, and imprisonment. I think you may be confusing that Korean movie about the case with fact. The fact is the Korean Supreme Court released the accused due to a lack of evidence. Apparently there is now evidence and the Korean authorities are seeking extradition.
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dairyairy



Joined: 17 May 2012
Location: South Korea

PostPosted: Sat Feb 09, 2013 3:41 pm    Post subject: Reply with quote

It now appears that the original story was full of lies and nonsense.
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newb



Joined: 27 Aug 2012
Location: Korea

PostPosted: Sat Feb 09, 2013 4:18 pm    Post subject: Reply with quote

Without SOFA, soldiers don't need to be here.
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Smithington



Joined: 14 Dec 2011

PostPosted: Thu Feb 14, 2013 4:32 pm    Post subject: Reply with quote

I have an odd question, and I hope it doesn't offend anyone because I'm genuinely curious. If the woman in question was wearing a padded bra is it still sexual assault? Technically he hasn't touched her. He's touched a padded item of clothing. Does that make a difference, or is it the 'intent' that matters? If he could ascertain that indeed she was wearing a padded bra, and touched it, then he didn't even have 'intent' to sexually assault. I can see this being an interesting episode of Ally McBeal, but I'm genuinely curious about what the law states in such cases.

Any lawyers here on Daves.
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newb



Joined: 27 Aug 2012
Location: Korea

PostPosted: Thu Feb 14, 2013 4:44 pm    Post subject: Reply with quote

Smithington wrote:
I have an odd question, and I hope it doesn't offend anyone because I'm genuinely curious. If the woman in question was wearing a padded bra is it still sexual assault? Technically he hasn't touched her. He's touched a padded item of clothing. Does that make a difference, or is it the 'intent' that matters? If he could ascertain that indeed she was wearing a padded bra, and touched it, then he didn't even have 'intent' to sexually assault. I can see this being an interesting episode of Ally McBeal, but I'm genuinely curious about what the law states in such cases.

Any lawyers here on Daves.


Are you kidding me? Laughing
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diver



Joined: 16 Jun 2003

PostPosted: Thu Feb 14, 2013 7:14 pm    Post subject: Reply with quote

We might not have heard all of the relevant info yet.

http://www.nytimes.com/1995/08/24/world/subway-brawl-inflames-issue-of-gi-s-in-korea.html

A friend of mine got into an altercation with some woman about 20 years ago. She was very angry (aggressive) and got up in his face about something (I forget what it was, but he was innocent). He put his hands up at chest height, flat, palms out in the universal mode of self-protection/back-off. The woman walked right into him and, you guessed it, pressed her breasts up against his hands. So, that was my friend charged with sexual assault. He got off because there were witnesses that could back up his story, but it shows how something like that can be misconstrued and get blown out of proportion very quickly.
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John Stamos jr.



Joined: 07 Oct 2012
Location: Namsan

PostPosted: Thu Feb 14, 2013 7:44 pm    Post subject: Reply with quote

diver wrote:
We might not have heard all of the relevant info yet.

http://www.nytimes.com/1995/08/24/world/subway-brawl-inflames-issue-of-gi-s-in-korea.html


Quote:
By NICHOLAS D. KRISTOF
Published: August 24, 1995
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diver



Joined: 16 Jun 2003

PostPosted: Thu Feb 14, 2013 7:52 pm    Post subject: Reply with quote

John Stamos jr. wrote:
diver wrote:
We might not have heard all of the relevant info yet.

http://www.nytimes.com/1995/08/24/world/subway-brawl-inflames-issue-of-gi-s-in-korea.html


Quote:
By NICHOLAS D. KRISTOF
Published: August 24, 1995


The link is to a report of a similar incident to show that the Korean press has a history of selective reporting.
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newb



Joined: 27 Aug 2012
Location: Korea

PostPosted: Thu Feb 14, 2013 8:41 pm    Post subject: Reply with quote

diver wrote:
We might not have heard all of the relevant info yet.

http://www.nytimes.com/1995/08/24/world/subway-brawl-inflames-issue-of-gi-s-in-korea.html

A friend of mine got into an altercation with some woman about 20 years ago. She was very angry (aggressive) and got up in his face about something (I forget what it was, but he was innocent). He put his hands up at chest height, flat, palms out in the universal mode of self-protection/back-off. The woman walked right into him and, you guessed it, pressed her breasts up against his hands. So, that was my friend charged with sexual assault. He got off because there were witnesses that could back up his story, but it shows how something like that can be misconstrued and get blown out of proportion very quickly.


The guy should've pressed charge against the woman for assult with a deadly pair of weapon.
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diver



Joined: 16 Jun 2003

PostPosted: Thu Feb 14, 2013 8:49 pm    Post subject: Reply with quote

newb wrote:
diver wrote:
We might not have heard all of the relevant info yet.

http://www.nytimes.com/1995/08/24/world/subway-brawl-inflames-issue-of-gi-s-in-korea.html

A friend of mine got into an altercation with some woman about 20 years ago. She was very angry (aggressive) and got up in his face about something (I forget what it was, but he was innocent). He put his hands up at chest height, flat, palms out in the universal mode of self-protection/back-off. The woman walked right into him and, you guessed it, pressed her breasts up against his hands. So, that was my friend charged with sexual assault. He got off because there were witnesses that could back up his story, but it shows how something like that can be misconstrued and get blown out of proportion very quickly.



The guy should've pressed charge against the woman for assult with a deadly pair of weapon.


LOL. I think he was just happy the whole thing was over. The charges were dropped, he never even got to trial. But he did get to go through the whole wonderful experience of having his name in the local paper (and I don't believe they bothered printing the story where the charges were dropped).

Anyway, it's hard to know what happened if we weren't there. The GIs could be guilty, but, as far as I am concerned, the Korean press has cried "wolf" too often.
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