[업무상군용물횡령][공1984.2.1.(721),232]
Sale of military supplies and coercion of such military supplies by commercial instructions;
Even if the illegal sale of military supplies, such as gasoline, is based on the instruction of the captain or the personnel management company, the act of coercion cannot be deemed as being committed unless it is deemed that such instruction was sufficient to protect the life or body of himself/herself or his/her relatives, or to protect the life or body of himself/herself or his/her relatives.
Articles 12, 355, and 356 of the Criminal Act; Article 75 of the Military Criminal Act
Defendant
Defendant
Attorney Full Use
High Military Court Decision 83 High Military Air Port220 delivered on August 12, 1983
The appeal is dismissed.
Defendant’s defense counsel’s grounds of appeal are examined.
According to the evidence admitted by the court of first instance as cited by the court below, the fact that the defendant sold and embezzled military supplies, such as gasoline in custody as at the time of one trial, is sufficiently recognized.
Even if the above illegal sale was based on the commercial master's or the instruction of the personnel management company, such as the theory of lawsuit, it is not recognized that the above instruction was a considerable amount of intimidation that does not have any means to defend against harm to the life or body of himself/herself or his/her relatives, and thus, there is no argument to the effect that the defendant's act was forced to commit the crime of this case, and thus, the accountability is dismissed.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Lee Sung-soo (Presiding Justice)