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(영문) 창원지방법원 2021.01.28 2020고단3650

상관모욕

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On April 2020, the Defendant insultd the victim, who is his superior, by means of public performance, at a place where the victim C, who is the superior of the Defendant, did not take a measure against the Defendant’s knee pere persium B, a company life group of the 56 Bown-si, Nam-si, the Defendant, including D, at a place where seven material resources exist, as the victim “a kne pers” and “a kne pers.”

2. The Defendant from the end of April 2020

5. 초경까지 위 장소에서 D를 비롯한 피고인의 중대원 7명이 있는 곳에서 피고인의 상관인 피해자 대위 E를 대상으로 “ 이래서 여자가 권력을 잡으면 안 된다”, “ 자 박 꼼”(‘ 자지 박으면 꼼 짝을 못함’ 의 줄임말), “ 보전 깨(‘ 보지에 전구를 넣고 깨뜨려야 한다’ 의 줄임말) 해야 한다 ”라고 말하여 공연한 방법으로 상관인 피해자를 모욕하였다.

Summary of Evidence

1. Statement of the defendant's legal statement D or F by each military prosecutor's office in F;

1. Statement made by the military judicial police officers in relation to C, E, and D;

1. Application of the respective laws and regulations of G, H, I, J, K and F

1. Relevant provisions of the Criminal Act and Article 64 (2) of the Criminal Act of each service of the choice of punishment concerning facts constituting an offense;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act, where considering the fact that the crime of this case was committed by openly insulting his superior within the military forces and disturbs military discipline, the Defendant’s responsibility is heavy.

However, it is reasonable to consider the fact that the defendant has no record of criminal punishment in the past, reflects his mistake, and that the captain of the defendant in the time of discharge of the defendant in the middle of the discharge of the defendant in the middle of the discharge of the defendant.

In addition to the above circumstances, the defendant's age, sex, environment, motive and background of the crime of this case, results thereof, and all factors of sentencing as shown in the arguments and records, including the circumstances after the crime, shall be punished as ordered.