logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제26사단 보통군사법원 2002. 10. 24. 선고 2002고26 판결
[폭력행위등처벌에관한법률위반(일부인정된죄명:강요·상해·폭행)][미간행]
Escopics

Defendant

A postmortem inspection tube;

The Second Lieutenant Kim Order

Defense Counsel

Attorney Lee Sung-sub (Korean)

Text

1. The defendant shall be punished by imprisonment for six months;

2. Fifteen days under confinement prior to the rendering of this judgment shall be included in the above sentence;

3.Provided, That the execution of the above sentence shall be suspended for one year from the date when this judgment has become final and conclusive;

4. The prosecution against each of the charges of this case is dismissed.

Criminal facts

The defendant is a person serving as an affiliated administrative diffusion officer;

1. Around 09:00 on October 20, 2001, the victim non-indicted 1 (the victim non-indicted 1 (the age of 22) was the mother letter of the work order in which the size of the paper A4 was combined with the work order, because the victim non-indicted 1 (the victim non-indicted 1 (the age of 22) could not make a proper preparation at the office of the affiliated administrative office located in the Gocheoncheon-gu Seoul Special Metropolitan City, the Gyeonggi-do Seoul Special Metropolitan City Gocheon-gun's Gocheon-gun, the part of the above non-indicted 1's fixed interest

2. At around 02:00 on November 30, 11 of the same year, he saw the so-called bakbaker, including the victim non-indicted 7 (the age of 22), who was frighted without any particular reason, to gather the whole baker, and instruct the whole baker, who was frighter, in the case of non-indicted 7 and the above non-indicted 7, to put the whole bakere into the clothes for about 2 hours, and had all bakers, including the above non-indicted 7, including the above non-indicted 7, provide the whole baker, including the above non-indicted 7, to put them into the clothes for about 2 hours, and let all bakers, including

3. At around 10:00 on December 12 of the same year, Nonindicted Party 1 instructed the above Nonindicted Party 1 to leave the floor of the fireproof room where the water was stored, return it to the port, and return it to the original bet, on the ground that the cleaning is inferior and cooperation is not well performed, and if the instructions were not complied with, it appears that the above Nonindicted Party 1 would inflict any injury on the body of the above Nonindicted Party 1, the above Nonindicted Party 1’s 30 meters away from the floor of the fireproof room where the water was dried, return the 50 meters away from the original bet to the above Nonindicted Party 1, and return it to the 15 meters away from the original bet, making the said Nonindicted Party 1 do an act not obligated to do so; and

4. 같은달 일자불상 08:30경 소속대 연병장에서 위 공소외 1이 청소가 불량하고 업무협조를 잘 하지 못한다는 이유로 화가 나 위 공소외 1에게 팬티만 입고 연병장을 뛸 것을 지시하면서 만일 위 지시에 따르지 않을 경우 위 공소외 1의 신체에 어떤 위해를 가할 듯한 태도를 보여 이에 겁을 먹은 위 공소외 1로 하여금 팬티만 입은 상태에서 당일 오전 내내 연병장을 뛰도록 하여 위 공소외 1에게 의무없는 일을 하게 하고,

5. Around 08:00 on March 10, 2002, for the reason that the victim non-indicted 6 (year 21) was not able to do so in the presidential administrative team around 08:0, on the ground that he was not able to do so, and the above non-indicted 6 (year 21) instructed the above non-indicted 6 to do so, and if he did not comply with the above direction, he seems to inflict any harm on the body of the above non-indicted 6, and let the above non-indicted 6 do an unobligatory act for about 50 minutes of heading, and let the above non-indicted 6 do a non-indicted 6 do a non-obligatory act;

6. At around 17:00 on the same day, Nonindicted Party 1: (a) instructed the above Nonindicted Party 1 to gather a hand on the grounds that the status of the preparation of documents was poor and that he did not perform his duties; (b) when he instructed the said Nonindicted Party 1 to conduct a bend and bend in a pipe, he shown his attitude that he would inflict any bodily injury on the above Nonindicted Party 1; and (c) when he did not follow the said instructions, the said Nonindicted Party 1 had the said Nonindicted Party 1, who was frighted, put his hand over 30 times under a pipe, and had the said Nonindicted Party 1 perform an act not obligated to do so; and (d)

7. On the 20th 20th 10:0 of the same month, on the ground that the above non-indicted 7 was stroke in the 3 internal office of the 3rd 2nd 10:00 of the same month, he made the face of the above non-indicted 7 at the 2nd 3rd 2 and the above non-indicted 7’s face at the 3rd 2nd 3rd scoke;

8. On April 20, 200, around 15:00, the 125 Emband 125 Emband 2, the above non-indicted 1 suffered an injury in the number of days of treatment for which the face of the above non-indicted 1 was taken back in a situation-based position on the ground that the above non-indicted 1 failed to perform his/her duties during training, and let the above non-indicted 1 1 am acod;

9. On the same day, around 30:15:00 on the same day, on the ground that the cleaning condition of the victim Nonindicted 12 (year 21) was poor, he had shown the attitude that the above Nonindicted 12 would inflict any bodily injury on the body of the above Nonindicted 12 in the event that the above Nonindicted 12 did not follow the above direction, and had the above Nonindicted 12 perform an act for which he did not have any obligation on the said Nonindicted 12, by having the said Nonindicted 12 carry a 5-minute hand over a 6-minuteed hand and stick up to the door.

10. On August 20, 208:00 of the same year, on the grounds that the aforementioned Nonindicted 7 was poor in cleaning, the head of the relevant watchhouse, ordering the said Nonindicted 7 to conduct a bend and bend by cutting down the hand, making the hand over to the said Nonindicted 7, and then failing to comply with the above instructions, the said Nonindicted 7 had the said Nonindicted 7 conduct an act which is not obligated to the said Nonindicted 7, by having the degree of about 50 to 60 times in a bend and bend, when he did not follow the above instructions.

11. At around 09:20 on the same day, on the grounds that the above non-indicted 6 was not able to help the above non-indicted 6 to go back to the public office, he sent the attitude that the above non-indicted 6 was likely to inflict any harm on the body of the above non-indicted 6 if the non-indicted 6 did not follow the above instructions, and let the above non-indicted 6, who was fluent, do an act for which he did not have any duty on the above non-indicted 6.

Summary of Evidence

The facts of the judgment

1. Statement corresponding thereto in this court by the defendant;

1. Each statement corresponding thereto among the suspect examination records of defendants prepared by the military prosecutor;

1. Each statement prepared by the military prosecutor with respect to Nonindicted 1, 6, 7, and 12;

1. A statement corresponding thereto among copies of emergency records prepared by the President of the Korea Military Medical Center;

As a whole, there is evidence to recognize it.

Application of Statutes

1. Article applicable to criminal facts;

Article 2(2) and (1) of the Punishment of Violences, etc. Act, Article 324 (Aggravated Forced at Night), Article 257(1) (a) and Article 324 (Aggravated Forced) of the Criminal Act

2. Aggravation for concurrent crimes;

Article 37 (Aggravation of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes for Punishment of Violences, etc. with the largest Punishment)

3. Suspension of execution;

Article 62 (1) of the Criminal Act (Initial Crimes and Considerations of Agreement with Victims)

Public Prosecution Rejection Parts

Of the facts charged of this case, on September 10, 2002, the defendant stated that the victim non-indicted 8 did not work as the bottled machine source on the ground of the victim non-indicted 3, 4 times in the front floor of YY on September 10, 2002, and the defendant committed violence against the above non-indicted 8 on November 1, 2001 to September 14, 2002, and all of the above non-indicted 8, victim non-indicted 1, 6, 7, 9, 12, and 10 on September 19, 202, it is clear that the defendant committed violence against the victim's intent under Article 260 (1) of the Criminal Act, and it cannot be discussed against the victim's intent under Article 260 (3) of the Criminal Procedure Act. According to the written agreement against the defendant's non-indicted 11, 201, 16, 17, 27, 27, 10.

It is so decided as per Disposition for the above reasons.

[Attachment Table 1]

Of the military judges, the Captain Kim Jong-young (Presiding Judge) (Presiding Judge)

arrow