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(영문) 울산지방법원 2020.11.12 2020고단1600

상관모욕등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, defamation and insult is involved.

Reasons

Punishment of the crime

1. 피고인은 2019. 6. 말경 강원 양양군 B에 있는 소속대 1생활관에서 자신이 분대장에 임명되지 못한 것을 이유로, 생활관 동료들이 듣는 가운데 상관이 피해자 중대장 소령 C에 대하여 “씨발년, 뇌에 우동사리가 찼나, 씨발”이라고 말하여 공연히 상관인 피해자를 모욕하였다.

2. On August 20, 2019, the Defendant insultingd the victim who is a public superior to the Defendant, who was his superior, for the following reasons: (a) on the ground that the order of a shower shower from the daily life hall as seen above was continuously organized by the last last, the Defendant made the victim, who was his superior, to the Defendant, “hump and spath” against the Defendant’s Major C among the victims, who was his superior, in the process of his hearing the

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes in writing C;

1. Article 64 (2) of the Military Criminal Act applicable to the crimes and Article 64 (2) of the Military Criminal Act;

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

1. Four months of imprisonment to be suspended;

1. The rejection of prosecution under Article 59(1) of the Criminal Act (a) of the suspended sentence (the victim expressed in an investigative agency that he/she does not want punishment when he/she acknowledges his/her mistake and reflects against his/her will, and considering the fact that the defendant later recognized his/her mistake and reflects his/her wrong, the first offender, and the possibility of recidivism after discharge from military service

1. Summary of the facts charged

A. On August 30, 2019, the Defendant damaged the victim F’s reputation by publicly pointing out the fact that “Isle F. Madle f. Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad

B. In June 2019, the Defendant’s insult 1, 2019, the Defendant publicly called “the victim F, who was satisfying,” while the living room members of the said daily living room listen to the said daily living room fee.