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(영문) 부산지방법원서부지원 2020.08.20 2020고정154

위력행사가혹행위

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 2019, the Defendant committed a harsh act by force against the victim C (20 years of age) who is a pregnant soldier at the first company of the first company of the Marine Corps 73 to B, and without any justifiable reason, at the first living team of the first company of the Marine Corps 73 to the first company of the first company of the Marine Corps.

2. At around 12:40 on March 18, 2019, the Defendant, without any justifiable reason, committed a harsh act against the victim C by force by: (a) having the victim C use approximately 30 seconds on the floor of the restaurant; (b) having the victim’s side clocks twice to three times; and (c) having the victim’s both flicks by hand use both flicks, thereby treating the victim.

3. On March 18, 2019, the Defendant: (a) around 18:00 on March 18, 2019, at the first living group of the said large B large B large B, without any justifiable reason, she took approximately 20 seconds on the floor of the living group to harshly treat the victim by force.

4. On March 2019, the Defendant, without any justifiable reason, committed a harsh act against the victim C by force on the floor of the living team, putting the victim’s scambling at approximately 10 seconds, with both hand, on the floor of the living team.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, E, and F;

1. Application of each statute of G, H, I, J, K and L

1. Article 62 (2) of the Military Criminal Act: Relevant provisions concerning facts constituting a crime and the choice of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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