This military room Supreme Court decision upheld 8 to 10 months in prison imposed five sergeants of the army with harassing another classmate also petty officer Mistral Battery of the 93rd Field Artillery Regiment (RACA 93) from Tenerife, where they are stationed, from 2015 to 2017.
Room rejects the objections Five soldiers sentenced one of the offenses of exercising fundamental rights and public freedoms of the army to 10 months and the other 4 to 8 months in prison by the military court, Article 50 of the Military Criminal Code, in the form of serious violation of personal dignity or in the work of military personnel Employment at or affected by the Armed Forces’ facilities or the same as promotion. It also ordered them all to compensate the sergeant, who was the victim of the crime, with 3,000 euros in non-pecuniary damage.
Facts show that the abused soldier, although not the oldest, was placed in the simulator by the Unit Brigade, a highly specialized position in the Mistral Battery. Five prisoners they call “Mouse” they started using the term to refer to their colleague because of his good relationship with the Brigade, without his knowledge.
In September 2015, the Brigade and the abused soldier traveled with a group of Union troops to the Segovia Artillery Academy to conduct training and assessment exercises in the simulator from Monday to Friday. The union has raised the possibility of postponing the assessment until Thursday so that they can go out that night without the pressure of having to be evaluated the next day. The sergeant declined the request because he thought Segovia had gone to work.
In Tenerife, a soldier disfigured the Brigade by explaining to the Brigade that another sergeant had taken a day off to his own business because of a hangover. According to the proven facts, the “pressure” on him increased from then on.
Throughout 2016 and until his discharge from a psychiatric hospital, he was suspended from the group of convicted NCOs and subjected to constant insults. They called her “whistleblower”, “mouse”, “Brigada’s bastard”, “Brigada’s little bitch”, and was the target of rude ridicule because of her relationship with him, such as “Has he had enough of the chicken?” cake” after going to that person’s birthday
The Chamber considers that the decision at the appeal stage has analyzed in detail the overlap of all elements of the type of offense perpetrated in the case and, among them, “the repetition and seriousness of the acts of harassment committed by the 5 appellants against the complainant”. sergeant who goes far beyond the mere field of discipline”.
Likewise, it shows that the subjective element of the genre, which consists of generic fraud, of the appellants’ full consciousness and will to commit various degrading acts on the affected party, agrees with “one party”. to undermine their personal and professional reputation.
The sentence describes the expression “Persistent, systematic and persistent performance of these behaviors in such a way as to seriously impair the victim’s well-being and cause feelings of distress, humiliation, and objectification.” and a mental deterioration occurs, a serious attack on the dignity envisioned in the type applied”.
Source: Informacion
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