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(영문) 수원지방법원 성남지원 2021.02.04 2020고단2419
특수협박등
Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

The defendant is a soldier who served as the 1235 military soldier in the company B of the Marine Corps B in Incheon Spoon-si, and the victim C (19 years of age) is a soldier who served as the 1250 military soldier in the same company.

1. Crimes committed on November 16, 2019;

A. Since each of the crimes of this case of assault is a crime committed in a military unit or a military room within a military unit or military installation, the application of Article 260(3) of the Criminal Act is excluded pursuant to Article 60-6 of the Military Criminal Act, and there is no intent to punish the victim, but it does not constitute a ground for dismissal of prosecution.

On November 16, 2019, at around 12:10 on November 16, 2019, the Defendant assaulted the victim by: (a) the Defendant, who received instructions from other appointed soldiers in the above company’s life, stating that “I would like to have experienced about the illness of sick people”; (b) the Defendant’s math received the victim’s math from the victim once; and (c) she she shesheshe shesheshesheshes the victim’s head at the head of the victimized person.

B. At around 12:40 on the same day, the Defendant took advantage of the position of appointment that the victim was able to take back from the above company’s living, and had the victim maintain the attitude of the head on the floor and gather the mast of the wooden material, which is a dangerous object in the above place, by taking advantage of the position of appointment, and breath of the victim’s 2:3 times the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her shes

Accordingly, the Defendant committed cruel acts by exercising force, and assaulted the victim by carrying dangerous objects.

2. Crimes committed on November 17, 2019;

A. A. Around November 17, 2019, a special intimidation and the Defendant collected excessive ( approximately 32 cm in total, and approximately 20 cm in length on the day) that is a dangerous object from a kitchen in the above company, and threatened the victim’s body with a knife and knife with a knife, at around 10:10 on November 17, 2019, and then the victim’s knife knife knife was applied by hand.

In this respect, the defendant carried dangerous objects and thereby the victim.

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