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(영문) 인천지방법원 2013.06.27 2013고단379

가혹행위등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 가혹행위 피고인은 2012. 7. 5. 00:30경 GOP 14-2 초소에서, 후임병인 피해자 B(20세)의 헬멧장착대가 삐뚤어져 있다는 이유로 피해자 B에게 “야 씨발, 너는 그게 헬멧장착대냐 장식품이냐 개새끼야”라고 욕설을 하는 것을 비롯하여, 2012. 5. 31.경부터 2012. 7. 5.경까지 사이에 별지 범죄일람표(가혹행위) 기재와 같이 총 28회에 걸쳐 피해자들에게 직권을 남용하여 학대 또는 가혹행위를 하였다.

2. Despite the fact that a sentry’s inherent duty on the boundary of a sentry was not a diving, the Defendant, from June 2, 2012 to June 23:30, 2012, gOP 14-5 early 23:5 early 201 to 23:50 of the same day, locked in the face of a sentry C, who was on the duty of guard with a sentry who was on duty.

In addition, the Defendant sleep from June 2, 2012 to July 5, 2012, as described in the attached Table of Crimes (Violation of the Order) between them, 19 times in total.

Accordingly, the defendant sleeps with a sentry.

3. Violence;

A. On June 2012, the Defendant assaulted the victim at the early early 14-5 early 2012, by taking three times the head and arms of the victim D(20 years of age) who was suffering from enormous illness, without any special reason.

B. On July 1, 2012, around 09:00, the Defendant assaulted the victim by taking three times the head of the victim C(20 years of age) who was suffering from the enormous fluor, without any special reason, at the early 09:0, the Defendant 14-5 early 201.

C. On July 14, 2012, the Defendant assaulted the Victim E (the 20-year-older) who was on television at the early 14 early 2012, on the ground that the victim E (the 20-year-older) was changing the channel.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the military prosecutor's office of E;

1. Statement of each military police statement of D, C, and E;

1. Written statements of D, C, and E;

1. Investigation report on the case under consideration, such as violation of elementary age;

1. The application of Acts and subordinate statutes of the death diagnosis report.