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(영문) 서울중앙지방법원 2015.04.16 2015고합155

군인등강제추행

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant entered on February 5, 2013 and was discharged from military service on November 4, 2014, when serving in the 20 mechanical fire brigade C (hereinafter referred to as "affiliated") of the 20 mechanical fire brigade C (hereinafter referred to as "affiliated").

At around 22:10 at the end of March 2014, the Defendant: (a) 22:10, when the Defendant was trying to take a part in an affiliated son E (the age of 19) with her hand, she was unable to boom the victim’s disease E (the age of 19) with her hand; (b) however, she was unable to her hand to take any action, but she was her hand to her back the victim, her hand to her head, her head, and her port, her head, her head, and her head, and her head, her head, and her head, and her head, who was a soldier of the Gyeonggi-gu E (the age of 19).

Summary of Evidence

1. Defendant's legal statement;

1. Each military prosecutor's statement concerning E and F;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to each service certificate, certificate of scheduled discharge, investigation report (report on the results of confirmation of the order of discharge of a suspect);

1. Article 92-3 of the Military Criminal Act applicable to a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing):

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. The scope of punishment by law: Imprisonment for not less than six months but not more than 15 years;

2. The sentencing guidelines are not set for the crime of indecent act by force by the military personnel, etc. who are subject to the sentencing guidelines. 3. The crime of this case in the period of six months of imprisonment and two years of suspended execution is not likely to be a crime of indecent act by force by taking advantage of such status although the defendant was in a position to consider and help the victim of the military life as a retired soldier.

A crime against a pregnant soldier can not only be the cause of a serious accident, such as escape, but also the result.