Cases acknowledged as constituting a harsh act under Article 62 of the Military Criminal Act

1. It is a harsh act provided for in Article 62 of the Military Criminal Act that the chief of the company, on the ground that he/she does not cooperate in his/her criminal act, had the senior chief of the company, appointed and senior chief of the entire army, make him/her go on the Gu newsletter at the hospital, and let him/her go on the Do.

2. In a case where the chief of a company, as to a cook's disease, has laid outside a spacket by spreading it up to a spath and spath, has caused vert disc as a spathm 5 mar in the upper end of a height of about 1 meter, and caused the death of a driver, he shall be deemed to have suffered pain to the extent that it is difficult to check. Thus, it constitutes a cruel act as stipulated in Article 62 of the Military Criminal Act.

Article 62 of the Military Criminal Act

Defendant

Attorney Kim Jong-sung (Korean National University)

High Military Court Decision 79 High Military Punishment and 219 delivered on July 24, 1979

The appeal is dismissed.

(1) Judgment on the grounds of appeal by a public defender Kim Jong-young

위 상고이유의 요지는 피고인이 이 사건 군용물을 처분한 것으로, 중대원의 회식비와 사진쵤영비 등에 지출하였으므로 피고인은 이 사건 범행당시 불법영득의 의사가 없었다는 취지인 바, 기록에 의하여 살펴보니 피고인은 이 사건범행당시 불법영득의 의사가 있었음이 증거상 명백하므로, 논지는 이유 없다.

Ultimately, the judgment of the court below is justified, and there is no error in the misapprehension of legal principles as to embezzlement.

(2) We examine the Defendant’s ground of appeal No. 1

The gist of the above grounds of appeal is that there is a mistake of facts due to the violation of the rules of evidence, and the court below's fact-finding is just and there is no error in the rules of evidence.

(3) The defendant's second ground of appeal is examined.

The defendant, as a mid-term commander, tried not to cooperate with the defendant in committing the crime. The defendant's complaint was about 2 hours after he was so that she was released from the front-term ward, and was about 10 hours after he was allowed to go to go to the front-term ward. Thus, the argument about this issue is without merit, and the court below ex officio examined the defendant on August 27, 1978. 9:00 on the ground that Non-Indicted 2, who was a large-scale kitchen, was late in the gathering order, was found to have been unable to be found guilty of the defendant's act of using the above 10-meter 4444444, and the defendant's act of using the above 10-444444, which was hard to be found to have been found to have caused mental harm to him, such as the defendant's act of using the 2nd 5th son or 19444, which was hard to be found to have been found to have caused mental harm to him.

However, there is no appeal by the military prosecutor against this, but this point cannot be overlooked as it is.

All arguments are without merit, and the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Do-ho (Presiding Justice)