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

On August 21, 2018, the Defendant entered the army as active duty servicemen, and was discharged from military service on April 7, 2020, when serving in C located in Kangwon-gun B from January 1, 2019.

피고인은 2019. 10. 중순경부터 2019. 11. 중순경까지 사이 일자불상경 소속대 8생활관에서, 후임병인 피해자 D(남, 19세)이 침대에 누워있는 것을 보고 갑자기 피해자의 위에 올라탄 후 혀로 피해자의 귀를 핥고 깨물어 피해자를 강제로 추행한 것을 비롯하여, 그때부터 2019. 12. 1.경까지 별지 범죄일람표 기재와 같이 총 3회에 걸쳐 피해자를 강제로 추행하였다.

Summary of Evidence

1. Application of each Act and subordinate statute of D, E, and F to the police's statement of the defendant's legal statement D;

1. Relevant provisions of Article 92-3 of the Military Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (up to the aggravation of concurrent crimes by force of military personnel, etc. as stated in attached Table No. 3 with the largest judgment) Article 62 (1) of the Criminal Act on the stay of execution (up to the period of concurrent crimes by force of military personnel, etc. as stated in the annexed Table No.

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. It is determined that there are special circumstances in which the disclosure of personal information should not be disclosed in full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, the disclosure notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration, and the effect of protecting the victims, etc., of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019)

1. The Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from employment restriction orders;