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집행유예
(영문) 의정부지방법원 2017.4.17.선고 2017고단36 판결
상관모욕,폭행
Cases

2017 Highest 36 Defluor, Assaults

Defendant

A person shall be appointed.

Prosecutor

The volume of son(s)(s)(s)(s)(s)(Public trial)(s)(s)(s)

Defense Counsel

Attorney Lee ○-soo (Presiding over National Assembly)

Imposition of Judgment

April 17, 2017

Text

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

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Of the facts charged of this case, the prosecution against each of the assaults is dismissed.

Reasons

Criminal facts

A. On July 2016, 2016, the Defendant openly insultd his superior by engaging in conduct describing sexual acts, such as scambling his body on the part of the victim’s maximum ○○○, his superior, from among the 3-party life groups of the 3-party 2-party Man-gun, Pyeongtaek-gun, Gyeonggi-do, in the middle of the Maim-gun, the 3-party 2-party 1 in the 3-party 2-party 1 in the 3-party 2-party 2-party 1 in the 3-party 2-party 2-party 1 in the 3-party 1st century.

B. On July 2016, 2016, the Defendant openly insultd his superior by engaging in acts describing sexual acts, such as playing a arbitrative body in front of and rear the body on the bed part of the bed, while there are eight persons, such as Dong Fee Kim Jong-○, etc., from among the three life halls of the Defendant.

C. From the end of July 2016: (a) around 21:00, the Defendant openly insulting his superior by the Defendant on the ground that the Victim Red○○ Order, his superior, was peeped to have eight persons, such as East Kim ○, and was peeped to be seen as being well known to the examination and public notice.

D. On July 2016, 2016: Around 30: Around 21:30, the Defendant called “the victim Jeong Jong-○, a superior, for the purpose of treating the Defendant’s mother in need of a mental and medical treatment for the Defendant’s mother,” and on the ground that “the Defendant called on the part of the Defendant’s mother and grow up, and openly insulting his superior.”

E. On August 2016, 2016, the Defendant: (a) around 19:00 on the ground that the Defendant did not transfer his/her superior to the Defendant, who was a superior, from among 8 persons, such as Dongk Kim ○, etc., from among his/her three living halls, he/she does not know that the Defendant sent his/her why he/she would not know. He/she should not send his/her why he/she should he/she move; (b) He/she publicly insulting his/her superior.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each police officer's statement on the Red○○, Ma-○, Ma-○, Ma-○, and Seo-○;

1. The descriptions of each statement;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 64 (2) of the Military Criminal Act (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

Reasons for sentencing

Considering the fact that the defendant made a full confession of the crime, there is no record of criminal punishment, and the victims do not want the punishment against the defendant.

Public Prosecution Rejection Parts

1. Summary of each of the facts charged in the instant case

A. On June 2016, 2016, the Defendant smoked in the 3 night-transport education team of the 3 night-transport education team of the 1st class of the 1st class of the 3 night-transport education team of Gyeonggi-do, and, without any justifiable reason, ○○ of the victim who was a pregnant soldier.

In the middle of June 2016, a assaulted twice on the left-hand side of a Japanese soldier, and assaulted the part of the victim's selling to the second half of the first half of the second half of the first half of the second half of the first half of the second half of the second half of the second half of the second half of the second half of the second half of the year without any justifiable reason.

B. From the end of July 2016, the Defendant, at the living center specified in paragraph (1) at the end of the day, took water without any justifiable reason, sold the victim’s bucks located in the victim’s bucks by drinking once a week. From the end of July 2016, the Defendant assaulted the victim’s bucks of the victim’s buck bucks that had drinking water from water purifiers at the living center specified in paragraph (1) at the end of July 2016.

2. Determination

Pursuant to Article 260(3) of the Criminal Act, each of the above facts charged is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s explicit intent.

However, on February 28, 2017, after the prosecution of this case, the victim's voluntary ○○, and Park ○○ withdrawn his wish to punish the defendant.

Therefore, pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the prosecution of assault among the facts charged in this case is dismissed.

Judges

Judges Jeong Sung-sung

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