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집행유예
(영문) 서울중앙지방법원 2016.12.7.선고 2016고단3768 판결

2016고단3768군형법위반,상해·(병합)

Cases

2016 Highest 3768 Violation of the Military Criminal Act, or injury

2016 Highest 7239 (Joints)

Defendant

A person shall be appointed.

Prosecutor

Yang-line, Pedidong (Public Prosecutions), Red Pedi (Public Trial)

Imposition of Judgment

December 7, 2016

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The Defendant, from around 00 to April 26, 2016: (a) the head of the mobilized Reserve Forces called up for military force mobilization training as the volunteer soldier’s mobilization support unit from around 00 to April 17: 00 of the same month; and (b) the victim C is a Class-5 civilian military employee of the above Support Team, who was organized as a bridge for military force mobilization training of 81m mix during the period of the above military force mobilization training.

On April 26, 2016: (a) around 30, the Defendant: (b) expressed that the head of the Seocho-gu Seoul Seocho-gu Police Team mobilization training site for the BB Sick Team D, and that the head of the mobilization support group would be aware of her uniforms as “Ne equal to bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch.” (b) asked the victim who was next to the Defendant to be aware of her son bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, the Defendant

Accordingly, the defendant insultd the victim who is his superior in front of him.

On August 18, 2016, the Defendant: around 15, 2016, on board a taxi operated by the victim F (year 65) in the vicinity of the E Station located in Gwanak-gu in Seoul Special Metropolitan City, and then at the entrance of G and H apartment at the entrance of the Seoul Special Metropolitan City, G and H apartment, and the victim asked the Defendant for the destination of the taxi, and the victim “? Here,” on the ground that the victim’s face, etc. was taken out of the taxi by taking the victim out of the taxi into the taxi, and the victim inflicted an injury, such as making it possible for the victim to know the treatment period, and making it possible for the victim to take out of the taxi.

Summary of Evidence

【2016 Highest 3768】

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A list of persons called for the mobilization of military forces, or a plan for and a report on training for the mobilization of supplementary security guards to be mobilized in January 2016;

【2016 Highest 7239】

1. Defendant's legal statement;

1. A written statement;

1. Photographs of the victim;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 64(1) of the Military Criminal Act (a) (a point of insult of superior), Article 257(1) of the Criminal Act (a point of injury), and each choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as per Disposition.

○ Unfavorable Circumstances: The Defendant had a record of being subject to juvenile protective disposition twice for the same crime as the instant bodily injury, and had a record of being punished once a fine.

The favorable circumstances for ○: The defendant recognized all of the crimes of this case and reflected, agreed with the victim F to the original extent, and the defendant has no record of being punished for the same crime as the crime of violating the Military Criminal Act, or of being sentenced more severe punishment than fine.

Judges

Judges Oap-Gyeong-Gyeong