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(영문) 대구지방법원 2020.02.12 2019고단4999
위력행사가혹행위등
Text

A defendant shall be punished by imprisonment for four months.

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

The defendant is a person with a maturity of August 23, 2019 while serving as a vehicle maintenance soldier at the headquarters B.

1. Cruel acts of force;

A. On February 22:10, 2019, the Defendant forced the said victim to take one-hour off a load, and forced the victim who is a sick person to take a harsh action by force as an appointed soldier, by force. However, the Defendant forced the victim, who is a sick person, to take a part in the sixth Living Team located in the south-si of the Republic of Korea, to take part in the Defendant’s fruit. However, the Defendant asked the victim to “I am out of the Republic of Korea,” following the victim’s answer to “I am out,” and until I am out of the Republic of Korea, I am out of the Republic of Korea.”

나. 피고인은 2019. 2. 22. 15:00경 위 생활반에서 일병인 위 피해자 C을 불러 “이리 와봐, 내가 재밌는 거 보여줄게, 너 마취효과 느끼게 해줄게, 손 펴봐”라고 말하여 피해자가 손등을 위로 한 채 두 손을 내밀자, 양손 엄지손톱으로 피해자의 양손 새끼손톱을 15초 가량 강하게 누른 다음, 피해자에게 양손 새끼손가락을 강하게 잡아당기도록 지시하여, 선임병으로서의 위력을 행사하여 후임병인 피해자에게 가혹행위를 하였다.

2. A special intimidation: (a) around 21:00 on February 26, 2019, the Defendant had the victim D (the 19-year-old) who was a soldier at the above living team dance; (b) had the victim dance with a view to making the victim a dance; and (c) placed the victim with a soft boat (the length of 83 cm, 6 cm in diameter), which is a dangerous thing to the victim, with a view to placing the victim at the right angle (the 83 cm in length, 83 cm in diameter, and 6 cm in diameter), thereby threatening the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each prosecutorial statement concerning C and D;

1. E, F, G.

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