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(영문) 서울중앙지방법원 2019.06.13 2018가합500411
손해배상(국)
Text

1. Defendant C and D shared with each of the Plaintiffs with respect to KRW 8 million and each of the above amounts, from July 19, 2017 to June 13, 2019.

Reasons

1. Basic facts

A. The Plaintiffs are parents of the deceased H who committed suicide during military service at the Army (hereinafter “the deceased”).

(2) Defendant C, E, and Defendant D, due to an injury or disease, have been appointed soldiers of the deceased who lived in the same living room as the unit to which the deceased belonged at the time of the deceased’s death (hereinafter “instant unit”). Defendant F is the company commander, and Defendant G is the company commander, and Defendant G is the company commander.

B. (1) On March 20, 2017, the deceased was enlisted in the army as a part of the education for the Second Second Class of the Army Corps on March 20, 2017, and received education and training.

4. 27. The unit of this case was posted as the unit of this case and served as a small gun.

(2) The Deceased was injured on April 13, 2017 during the course of the training for new illness education, and was divided into a conversation with the upper end of the time of the transfer into the unit belonging to the instant case. Accordingly, the Deceased was playing in Defendant C, etc. as follows.

Even after being placed at the instant unit due to the injury of the foregoing dental room, the deceased has received dental treatment from an association’s stage and at a waterworks hospital from time to time.

C. Among the acts committed by Defendant C and D against the Deceased prior to the death of the Deceased of Defendant C and D’s harmful act, the date and place specified are as follows.

(1) 피고 C 2017. 5. 24. 22보병사단 J대대 인근 T-9 거점에서 군전투지휘검열 훈련으로 망인(일병)과 상병 K과 함께 진지에서 대기하던 중 지나가던 상병 H에게 “밤새 H 때문에 잠도 못 자고 씨발 추워서 벌벌 떨었다. 이등병 새끼가 일도 안 하고 씨발 답답해 뒤지는 줄 알았네. 너는 왜 H 새끼랑 같은 진지 쳐 넣었냐 씨발놈아. 암 걸려 뒤질 뻔했잖아”라고 말함 2017. 7. 4. 소속대 2-2 생활관에서 망인이 부식을 수령하지 않고 침상에 누워있는 모습을 보고 “H 짬 다 찼네”라고 말하며 멱살을 잡아 폭행함 2017. 7. 4. 소속대 202...

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