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(영문) 제6사단보통군사법원 2007. 10. 16. 선고 2007고10 판결
[상해·폭행치상·직권남용권리행사방해·가혹행위·추행·폭행][미간행]
Escopics

Defendant 1 and one other

A postmortem inspection tube;

First Lieutenant Do Governor and Do Governor;

Defense Counsel

Attorney Cho Han-ju

Text

1. Defendant 1 shall be punished by imprisonment for a year;

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

3. The pronouncement of a sentence against Defendant 2 shall be suspended;

Criminal facts

Defendant 1 is a commander of the subordinate unit, and Defendant 2 is a commander of the subordinate unit, who is a commander of the subordinate unit.

1. Defendant 1:

A. On June 2007, the victim, who was the chief of the Jungwon-gu's Jung-gu's Jung-gu's Jung-gu's department located in the Jung-gu's reading party room located in the Jung-gu's Jung-gu's Jung-gu's Jung-gu's Jung-gu's Seoul Special Metropolitan City, was not directly fluoring the defendant, but recommended the defendant to go to the chief of the nine major group of the nine major group of the nine major group of the nine major group of the nine major group of the nine group of the nine group of the group of the nine group of the group of the nine group of the group of the group of the nine group of the group of the group of the nine group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the victims.

B. On July 2007, on the ground that Non-Indicted 1 (20 years of age) was not subject to the control of the defendant in the shooting range of the above-mentioned police station around the first and second Buddhist day of July 2007:

(1) To commit a cruel act by abusing official authority by making the victim’s 30 minutes or more, referring to a chilling shots.

(2) On the ground of the sloping of a battle, the victim’s left side side is walking once, and the victim gets a scambling with the victim’s scambling of the scambling of the scambling of the scambling of the scambling of the scambling of the scambling of the scambling of the scambling of the scam.

다. (1) 2007. 2. 일자 불상 저녁 경 위 소속대 5소초 생활관 입구에서 피해자 병장 공소외 2(20세)가 수하를 하지 않은 채 행정반 문을 열었다는 이류로 피해자에게 수치심을 줄 생각으로 피고인의 오른 손으로 피해자의 왼쪽 젖꼭지를 꼬집어 비틀고, 피고인의 오른손 손등으로 피해자의 성기를 1회 때리고,

(2) 같은 해 7. 초순 일자 불상 저녁 경 위 소속대 행정반에서 피해자 상병 공소외 3(20세)에게 수치심을 줄 생각으로 ‘돼지’라고 놀리며 피고인의 양손으로 피해자의 양 젖꼭지를 꼬집어 잡아당기고,

(3) 같은 해 7. 말 일자 불상 오후 경 위 소속 중대 복도에서 공소외 3에게 ‘돼지, 살 좀 빼라’라고 놀린 후 수치심을 줄 생각으로 피고인의 양손으로 피해자의 양 젖꼭지를 꼬집어 잡아당기고,

(4) 같은 해 8. 초순 일자 불상 저녁 경 위 소속 중대 복도에서 윗옷을 벗고 속옷만 입은 채 화장실에 씻으로 가던 공소외 3에게 수치심을 줄 생각으로 피고인의 양손으로 피해자의 양 젖꼭지를 꼬집어 잡아당기고,

(5) 같은 해 7. 일자 불상 경 소속대 행정반에서 피해자 상병 공소외 4(20세)에게 수치심을 줄 생각으로 피고인의 양손으로 피해자의 양 젖꼭지를 4회 정도 꼬집어 잡아당겨

each victim commits an indecent act;

D. On January 1, 2007, the victim was assaulted by Nonindicted Party 6 (year 26) of the victim on the ground that the victim was unable to complete the Defendant’s direction, and that the victim was able to satisfly expressed when satisfing the Defendant’s direction, and that the satisfying of the combat satisfy would walk the victim’s satisfy one time due to the satch of the satisfy.

E. On July 2007, on the ground that Non-Indicted 7 of the victim's disease was not the part of the defendant's combation in the court room of the court below, the victim's injury was fluored by the defendant's fault and her end was fluored with the other end of the other end of the gluorial in the left hand, and the above gluorial was carried with the victim's head, and the victim's head was fluor of the above gluorial, one of the left hand of the gluor's head, one of the left hand of the victim's head, and the victim was fluor of the above gluor's head was fluoral of the victim's head at one time after fluorial of the defendant's combation, and caused the victim to abuse his authority and perform an act not obligated to do.

F. Ground for heighting

(1) Without giving money to Nonindicted 7 and Nonindicted 4 of the victim’s injury and disease in the administrative team belonging to the above administrative group from July 2007 to August 2007;

(A) Each order to the effect that “I am on board” is “I am on the 600 won per instance,” and if the victims’ price is 600 won per instance, I am at approximately 17 times the victims’ own expense, and the victims do so; and

(B) To guide the victims to the effect that each of the "cabbing and drinking food" is "weba," and let the victims go away from the affiliated stores by bringing about the victims' own expenses of three times the market price of 5,00 won, such as freezing food, fruits, and drinking water at the rate of 5,00 won per event;

(2) During the foregoing period, the Defendant instructed the so-called “private bridge game” that shoots approximately KRW 20,00 from the victim’s disease Nonindicted 5, the injury and disease Nonindicted 7, the injury and disease Nonindicted 4, and the injury and disease Nonindicted 8, to drinked approximately KRW 20,000 to the victim at the same place, and caused one of the victims to drink approximately KRW 20,000 from each of the above victims through the above game, thereby making the victims drink approximately KRW 20,00,00 on a one-time basis.

Each abuse of official authority to cause victims to perform an unobligatory act;

2. Defendant 2

A. Within six seconds of the 6th place in which the non-indicted 4 was arranged of the non-indicted 4, the non-indicted 4, in mind of a sense of sense of shameing the defendant's two arms, and tried to use the defendant's kiscing kis by viewing the defendant's kiscing of the victim, and try to do kiscing.

(b) At the 34 am S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.

C. On January 1, 2007, the Defendant skik on the victim Nonindicted 8 (year 20) before the victim Nonindicted 8 (year 20) was skik on the victim’s view, taking the Defendant’s skik on the victim’s view, and taking the victim’s kik on the victim’s view.

D. On May 1 of the same year, on the first day of the first day, Nonindicted 4, in the stairs of the living room belonging to the above am kisk on the victim’s left side and kisk on the victim’s left side, in mind that he may cause a sense of shame to Nonindicted 4;

마. 같은 해 5. 말 일자 불상 경 위 소속대 중대장실 앞 복도에서 공소외 8에게 수치심을 줄 생각으로 피고인의 오른팔로 피해자의 어깨를 감은 후 피고인의 혓바닥을 내밀어 피해자의 볼을 핥으려고 한 후 피고인의 입술을 피해자의 볼에 들이대어 피해자의 볼에 뽀뽀를 하고,

F. On June 1, 200, at the above-mentioned maintenance room around the first and second o'clock of the first o'clock of the same year, the victim was hicked with the defendant's arms to cause a sense of shame to Non-Indicted 8, and then k's kis on the part of the victim's view.

Each indecent act is an indecent act.

Summary of Evidence

- Each fact described in the judgment

- Each fact of No. 1-A, B,

1. Any statement made by the defendant in compliance with this Act;

1. Statement made in conformity with the statement prepared by the military judicial police officer against Nonindicted 5;

1. Each statement and confirmation letter prepared by Nonindicted 5, 1, 8, and 10, and each statement written by Nonindicted 11, 12, 13, 14, 15, 16, and 17, which fit the statement

1. The description in line with the part and degree of the injury as indicated in the judgment among the medical certificate against Nonindicted 5 prepared by the military doctor Nonindicted 18

1. The images fit for such photographs;

Comprehensively,

- The fact No. 1 of the ruling:

1. Any statement made by the defendant in compliance with this Act;

1. Each statement and confirmation letter prepared by Nonindicted 2, 3, and 4, and each statement prepared by Nonindicted 7, and 8 in compliance with the respective certificates

Comprehensively,

- The fact No. 1 of the ruling—

1. Any statement made by the defendant in compliance with this Act;

1. A statement made in compliance with the written statement prepared by Nonindicted 9

Comprehensively,

- Each fact of No. 1-E, F,

1. Any statement made by the defendant in compliance with this Act;

1. Each statement prepared by Nonindicted 7, 5, 4, and 8 and each statement prepared by Nonindicted 10, 11, 13, and 16, which conforms to those statements;

Comprehensively,

- Facts No. 2 of the ruling

1. Any statement made by the defendant in compliance with this Act;

1. Each statement in Nonindicted 4, 9, and 8’s written statements and written confirmation of Nonindicted 7’s preparation, which fit the respective statements

Since each fact can be recognized after compiling it, all facts of the judgment are proven.

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant 1: Article 257(1) of the Criminal Act; Article 62 of the Military Criminal Act; Articles 262 and 257(1) of the Criminal Act; Article 92(1) of the Military Criminal Act; Article 262 of the Military Criminal Act; Article 92(1) of the Military Criminal Act; Article 260(1) of the Criminal Act (the point of assault and the choice of imprisonment)

(b) Defendant 2: Article 92 of the Military Criminal Act (Indecent Act)

2. Aggravation of concurrent crimes;

A. Defendant 1: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment imposed on Nonindicted 5 with the largest punishment)

B. Defendant 2: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment imposed on Nonindicted 8 with the largest offense)

3. Punishment for which a sentence shall be suspended.

Defendant 2: Imprisonment for three months;

4. Suspension of execution;

Defendant 1: Article 62(1) of the Criminal Act (see, e.g., Article 62(1)

5. Suspension of sentence;

Defendant 2: Article 59(1) of the Criminal Act (see, e.g., Article 59(1)

Grounds for sentencing

Defendant 1, as a commander of the fleet, frequently took advantage of the position to be exemplary in the speech and body of the soldiers and noncommissioned officers under his command and supervision, and did not only take a bath and assault against the soldiers under his command and supervision, but also frequently took advantage of the soldier’s labor force and money for his personal purposes, and bring about a sense of sexual humiliation. The acts of the Defendant as stated in its reasoning are not only crimes with high possibility of criticism in itself, but also serious crimes that ultimately undermine the military order and discipline of which the military commander lives as his superior and ultimately undermine the trust of his superior’s qualification and ability. In the military, the military has been making efforts to eradicate the flusent behavior such as assault and the illness of soldiers and sick soldiers, and in fact, it is difficult to hold the Defendant accountable for any other criminal acts, such as the victim’s trust, and thus, it is difficult to hold the Defendant accountable for any other criminal acts, such as the victim’s flusium or flusium.

Defendant 2, as a military executive officer, shall be set an example to others, while assisting the commander, frequently engaged in the conduct that may cause a sense of sexual shame to the sick and wounded. However, the sentence imposed on the accused shall be postponed only once by taking into account the following: (a) the Defendant’s act was not deemed to have been performed to satisfy his/her sexual desire and the frequency or degree of the crime is not excessive; (b) the Defendant did not have any other criminal record; (c) part of the victim did not want the Defendant’s punishment; and (d) the Defendant was able to repent his/her mistake in depth.

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

The Superintendent of the Jung-young (Presiding Justice) and the Superintendent of the District Court of Justice Kim Il-hun, among the judges of the Supreme Court,

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