The execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

On February 23, 2016, the Defendant entered Korea on February 23, 2016, and discharged the Defendant from military service on December 7, 2017, on the 36th Military Association C, which was located in the territory of the Republic of Korea.

Victim E(20) is a next sergeant who has worked as an executive restaurant with the defendant.

피고인은 2017. 3. 22. 경 위 군부대 간부 식당 휴게실에서, 피해자가 설거지한 식 판에 얼룩이 남았으니 벌을 받아야 한다며 피해자의 바지를 내리고 고환을 잡아 손가락을 피해자의 고환에 튕긴 것을 비롯하여, 2017. 3. 21. 경부터 2017. 8. 31. 경까지 별지 범죄 일람표 1 기 재와 같이 71회에 걸쳐 폭행으로 군인인 피해자를 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Each E statement;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

1. Relevant Article 92-3 of the Criminal Act of each of the units of criminal facts, the choice of punishment, 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a judgment on the registration of personal information in Articles 16(2), 16(3), and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, seriousness of crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the Defendant personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.