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(영문) 대구지방법원 포항지원 2017.08.09 2017고단497
위력행사가혹행위등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From February 16, 2015 to September 28, 2016, the Defendant was discharged from active service as a military police officer of the Marine Corps C military police officer of the Marine Corps C (1192).

피고인은 2015. 9. 초순 21:10 경부터 21:20 경 사이 제주시 D에 있는 해병대 C 헌병대 2 생활 반에서, 후임 병 (1194 기) 인 피해자 E에게 아무런 이유 없이 제과류인 ‘ 후 레 쉬 베리’ 2개와 ‘ 몽 쉘’ 1개를 주먹만한 크기로 겹겹이 쌓아 강제로 먹게 하는 등 ( 속칭 ‘ 식고문’) 위력으로 피해자에게 가혹행위를 하였다.

From July 10, 2016 to September 2, 2016, the Defendant: (a) 18:00 to around 22:30 between around July 10, 2016 and around September 2, 2016, and (b) 22:30 to 25 times, as indicated in the list of crimes in the attached Form, 11 of the victim who was sick was forcibly abused.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the laws and regulations of each police statement protocol to F, G, H, I, J, K, L, M, E, N, andO;

1. Relevant provisions of the Criminal Act and Article 62 (2) of the Criminal Act of each service of the choice of punishment concerning facts constituting an offense (elective of imprisonment);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

The favorable circumstances: The defendant's act of suspicion against 11 men who were in military service through 25 times, and the part of the victims (the victim F, H, I, M, G, and N)'s act of confession and reflecting a crime, the first offender, and the victim's expression of intention to punish him/her: The part dismissing the prosecution that the defendant's act of using the rank in the military as an act of using the order of rank in the military is not good.

1. Summary of the facts charged

A. On March 2016, the Defendant: (a) from around 18:00 to around 20:00, the Marine Corps C military police unit of the Marine Corps, entered in facts constituting a crime that was held between around 20:00.

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