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(영문) 수원지방법원 2018.04.13 2017고단8454
상관모욕
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant was discharged from active service on December 7, 2017, when serving as a sergeant affiliated with C in Gyeonggi-si from March 8, 2016.

1. On April 2017, the Defendant: (a) during the commission of TV at the above company’s daily living room, the Defendant publicly insultingd his superior by publicly insultingd D, on the ground that the Defendant’s broadcast, such as “non-fed worker pool” and “booming broadcast” under the same company’s superior E, etc., does not cause TV sounds; (b) the Defendant’s broadcast was heard by several soldiers, such as the head of the same company’s ward E, etc.; and (c) on the ground that he had been seen as TV at the above company’s daily living hall, the Defendant said D, a captain of the same company, to be “F”.

2. Around April 2017, the Defendant, who committed the crime against the First Lieutenant G, sent a broadcast of a living room to the effect that the upper members of the upper members of the said company were found to have the number of persons and persons working in the said company, and that the Defendant was able to view the above upper members of the said company as referring to the upper members of the said company, referring to the said company, and referring to the said company, as referring to the Aar, G, and deemed to be the first members of the said company, on the ground that the latter members of the upper members of the said company were not exposed to TV noise.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in the military police statement protocol to D or G;

1. Relevant provisions of the Criminal Act, Article 64 (2) of the Military Criminal Act, the choice of punishment for the crime, and the choice 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 4 of the Military Criminal Act and Article 59 (1) of the Criminal Act (the punishment to be suspended: 4 months of imprisonment, the defendant's age is his/her initial offender, and the victims do not want the punishment of the defendant, etc.);

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