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(영문) 대구지방법원 포항지원 2017.08.10 2017고단592
위력행사가혹행위등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

(e).

Reasons

Punishment of the crime

The Defendant is a person who served in the Navy C from March 2, 2013 to February 28, 2017.

1. The Defendant committed assault, on January 2016, at around 00:0, on the grounds that the victim E was faced with work on duty in the area of C operations located in Nam-gu, Nam-gu, Seoul, on the ground that the victim E was faced with work on duty, the head was 5 times in his/her book, and he/she committed assault by cutting breath, breathing the breath, and cutting off the breast with the wall.

In addition, from the end of August 2016, the Defendant assaulted four victims on a total of four occasions, such as 1) net time 2 through 5 (5).

2. The Defendant cruelly committed a harsh act by force by force on March 2016, 201, on the ground that he/she went to a living room in C operations situation room located in Nam-gu, Nam-gu, Nam-gu, Seoul at the beginning of March 2016 (22 years) during the instant task hours, on the ground that he/she went to a living room in the victim F (22 years).

In addition, from that time until June 2016, the Defendant committed harsh acts by exercising force on four victims, such as attached Table 2 of the List of Crimes, once again, from that time to that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, and E;

1. Copy of the police statement made to I;

1. A copy of the J Reports;

1. Application of the Acts and subordinate statutes to the investigation report;

1. Relevant provisions of the Criminal Act and Article 62(2) of the Criminal Act of each service of the same group as to the facts constituting a crime (the point of cruel acts, the choice of imprisonment), and Article 260(1) of the Criminal Act (the point of assault and the choice of imprisonment);

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. The reasons for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the Defendant has committed a confession of all the facts charged in the instant case; (b) the Defendant has no record of being punished; and (c) the Defendant has no record of being punished; and (d) the sentencing conditions specified in the pleadings in the instant case, such as the Defendant’s age, environment, sex behavior, motive for committing a crime, and circumstances after committing a crime

Rejection of Public Prosecution

1. The facts charged.

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