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(영문) 인천지방법원 2021.01.14 2019구합53994
징계처분취소의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On July 17, 2017, the Plaintiff joined the Marine Corps and received basic military training, etc. on behalf of the Marine Corps, and around May 4, 2018, the Plaintiff was discharged from active service on April 2, 2019, while serving in the 82 large-scale firearms of the Association No. 2 of the Marine Corps.

Flight name

(a) Breach of duty to maintain dignity (sexual assault, etc. or indecent act by force);

(b) Violation of the duty to maintain dignity;

2.In the case of a person to be disciplined, the plaintiff will serve as a person who works as a major B of the large-scale burner of the Marine Corps 82:

(a) A special assault committed by a soldier on May 8, 2018, such as a soldier in the line of duty, by taking advantage of an autopsy, which is a deadly weapon, on two occasions, who was working in a sick or wounded ward C;

함. 나. 2018. 12. 말 ~ 2019. 1. 8.( 화) 사이 시간 미상 82 대대 2 층 화기 중대 생활 반에서 일 병 D를 자신의 침대에 불러 우측 팔로 팔 베게를 하여 눕힌 다음 젖꼭지 부분을 좌측 검지 손가락으로 10 차례 걸쳐 100 회씩 도합 1000회 가량 비비는 방법으로 추 행하 고, 일병 E에게도 똑같은 방법으로 20회 가량 젖꼭지 부분을 좌측 검지 손가락으로 비비는 방법으로 추행

C. From November 9 to January 9, 2018 (gold) to January 9, 2019 (man), the victims were assaulted against Japanese soldiers D with a total of 306 units of total of 255 units of 25 units of 30 units of 25 units of 30 units of 25 units of 25 units of 25 units of 25 units of 25 units of 25 units of 130 units of 130 units of 130 units of 130 units of 130 units of 82 large 2 units of 20

B. On March 25, 2019, the Defendant imposed a disciplinary action, such as demotion (hereinafter “instant disposition”) on the Plaintiff based on the following flight name and fact (hereinafter “instant grounds for disciplinary action”).

(c)

On the other hand, upon the Plaintiff’s discharge from office on April 2, 2019, the Ministry of Public Prosecutor’s Office of the Second Year’s Office sent the case of forced indecent acts, etc. against the Plaintiff, including soldiers, to the Daegu District Public Prosecutor’s Office Kim Jong-cheon Branch. Of the grounds for the instant disciplinary action, the suspension of indictment was imposed on May 8, 2018 as of March 4, 2019, and the victim was against the Plaintiff at the time.

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