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(영문) 서울중앙지방법원 2021.02.04 2020고단5927
강요등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant was enlisted for the Army on August 27, 2018, and was discharged from active service on November 8, 2018 after he transferred to the company of the 1175 public service team of the 155 public service group of the 1175 public service group of the 15th public service group of the 15th public service group of the 15th public service group of the 15th public service group of the 155th public service group of the 15th public service group of the 15th public service group

1. On July 1, 2019, at around 14:00, the Defendant assaulted the victim C, the victim C, the victim D (the remaining, the victim 20 years old), the victim E (the remaining, the victim 20 years old), and the victim F (the remaining, the 20 years old), the victim F (the remaining, the 20 years old) of the victim, as shown in the annex 1 list of crimes from that time to early December 2019.

2. On July 6, 2019, around 21:40 to 21:50 on July 6, 2019, the Defendant forced the victim C ( South, 20 years of age) who is a sick person in the above smoking field to have his/her fenced cigarette on his/her hand floor, and causes a cigarette to be consumed.

Although the victim C, by threatening the victim C to “n't have a duty to drink”, the victim C attempted to commit an attempted act by threatening the victim to drink, but the victim C failed to drink a cigarette, thereby committing an attempted act. From that point to November 2019, the victim C, the victim D (the remaining, 20 years old), the victim E (the remaining, 20 years old), the victim F (the remaining, 20 years old), the victim F (the remaining, 20 years old), and the victim C attempted to interfere with the exercise of a right, to cause the victim to perform a non-obligatory act, or to perform a non-obligatory act, such as having the victim do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, D, E, and F;

1. G statements;

1. A service certificate;

1. A written opinion of the commander and personal records;

1. Application of Acts and subordinate statutes to a report on investigation (verification of an order to discharge a suspect);

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and assault, the choice of imprisonment), Articles 324-5 and 324 (the point of attempted coercion, the choice of imprisonment) of the Criminal Act, Article 324 (the point of coercion, the choice of punishment of imprisonment) of each Criminal Act concerning the crime;

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 62(1) of the Criminal Act 1.

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