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(영문) 인천지방법원 2021.02.18 2020고단7197
상관모욕
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 2014, the Defendant: (a) was a person who was killed in the company of special rank on March 31, 2020 while serving in the company of special rank on March 31, 2020; and (b) the victim B ( South and 31 years old) was a person who was a superior of the Defendant at the time of his death

1. The Defendant, on July 2019, reported to the victim on July 5, 2019 by other serious personnel at the 15 association 50 consular unit D, Gangwon-gun, Gangwon-gun, Gangwon-do, D, 201.

“.....”

2. On October 2019, the Defendant stated that “the Defendant was able to attach off” to the victim, while other serious personnel are reported, in the instant E administrative group of the said 15 association jointly and severally.

3. On October 2019, the Defendant shows that the victim is Gemangium among other serious sources of personnel in Mangsan near the 15 association of the above 15 association around October 2019.

It was called "Neman".

4. On Nov. 1, 2019, the police officer called “the victim” who instructed the second arrangement among the other executives in the research institute with the said 15 association 50 joint and several D executives.

5. Around November 2019, the lower court stated that “the victim shall have a string” among the other executives in a laboratory.

6. 2019. 11. 경 위 간부 연구실에서 다른 중대원들이 있는 가운데 훈련지침을 하달하는 피해자에게 “ 특전사에서는 중대장 좃 밥이지 않습니까

In the presence of noncommissioned Officers, the phrase “I are not separate from each other”.

Accordingly, the Defendant insultd the victim, who is a superior, in a total of six times.

Summary of Evidence

1. The Defendant’s written statement I concerning F, G, H’s legal statement, and police statement I’s partial statement B of the Defendant’s legal statement [In light of each evidence as indicated in its holding, the Defendant sufficiently recognizes the fact of insulting the victim, who is a superior, as indicated in its holding, and comprehensively considering all the circumstances, the Defendant’s statement does not appear to be acceptable under the social norms.]

Application of Statutes

1. Article 64 (1) and Article 64 of the Criminal Act of each of the military units which choose the applicable law concerning the facts of crime and punishment;

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