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(영문) 대구지방법원 포항지원 2019.05.16 2019고합16

군인등강제추행등

Text

A defendant shall be punished by imprisonment for not more than ten 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 facts charged were revised to the extent that it does not interfere with the defendant's right of defense and the identity of the facts charged is recognized.

1. At around 12:00 on April 18, 2018, the Defendant, such as soldiers, etc., committed indecent acts by force against the victim D (the age of 19) in the Nam-gu, Nam-gu, the Marine Corps’s full-time CY’s living room for the Marine Corps, with intent to forcibly commit an indecent act against the victim D (the age of 19). At around 09:0 on April 13, 2018, the Defendant committed an indecent act against the victim D and E, who was a soldier, on a total of 10 occasions, from the time when he/she committed an assault against the victim (the age of 30cm) with his/her clothes on the victim D’s face, and took approximately five minutes of the victim’s breast-gu’s breast-gu’s breast-gu’s breast-gu’s chest, with the victim’s force on the right of 2000 minutes from the time of assault on April 28, 2018.

3. Cruel acts of force;

가. 피고인은 2018. 5. 2. 09:00경 포항시 남구 B에 있는 해병대 C 소속대 상황실에서, 아무런 이유 없이 전기 파리채의 전원을 켠 후 피해자 D에게 전기 파리채에 오른손을 대도록 하여 피해자의 손에 전기가 3회 감전되도록 함으로써 위력을 행사하여 피해자 D에게 가혹한 행위를 하였다.

나. 피고인은 2018. 5. 3. 12:30경 위 소속대 식당에서, 전원을 켠 전기 파리채를 피해자의 우측 다리와 왼쪽 팔에 각 1회 닿게 하여 전기가 감전되도록 함으로써 피해자 D에게 가혹한 행위를 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the Acts and subordinate statutes of evidence photographs;

1. Articles 92-3 and 1(1) of the Military Criminal Act and Article 60(1) of the Military Criminal Act, each of the applicable laws and the choice of punishment for a crime, respectively.