The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant was a soldier belonging to the 119 B company of the 119 B company of the Army, and was appointed as a commander of the above company of the 39 company of the 39 company group from January 11, 2016 to June 13, 2016 among the 13, 2016, and performed the duties of managing the decentralization as a superior of the 4 company members, such as the victim's disease D.

피고인은 2016. 2. 28. 22:00 경부터 그 다음날 01:00 경까지 사이에 위 분대 생활관에서, 피해자 D에게 함께 TV 시청을 하자고 강요하여 잠을 재우지 않고, 피해자가 TV를 보다가 피곤 하여 깜박 조는 경우 피해자에게 욕설을 하며 손바닥으로 피해자의 뺨을 때려 깨우는 등의 행위를 한 것을 비롯하여, 그 무렵부터 2016. 6. 13. 경까지 사이에 별지 범죄 일람표 ‘ 가’ 항 표의 기재와 같이 분대원들에게 TV 시청을 빌미로 잠을 자지 못하게 하며 폭력을 행사하거나, 중대장 등 승인권 자의 승인 없이 얼차려를 시키는 등으로 직권을 남용하여 가혹행위를 하였다.

From March 2016 to June 13, 2016, the Defendant, as indicated in the table of “B” in the same sight table, had the victims perform food preparation after the point time, thereby abusing official authority and allowing them to perform an act for which they do not have any obligation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statements made by the military judicial police officers to D, E, and F;

1. Relevant provisions of the Criminal Act and Article 62(1) of the Criminal Act of each of the military units that choose a punishment for a crime (the point of abuse of authority) and Article 123 of the Criminal Act (the point of obstructing the exercise of rights and choice of imprisonment with labor)

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. Six months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the crime of this case is against the Defendant, the victims desire to take the Defendant’s wife, the primary crime without any previous conviction, and the frequency of the crime of this case is severe, however, even though there are many times.