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(영문) 대구지방법원 서부지원 2019.07.18 2019고합55

군인등강제추행등

Text

A defendant shall be punished by imprisonment for one year.

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 was discharged from military service on February 25, 2019 after he was returned from the Navy B World Ship C.

1. Indecent acts by force of soldiers;

A. At around 13:30 on November 17, 2018, the Defendant entered the victim D (Nam, 19 years of age) who belongs to C in the instant bed room in the future of the Defendant, and pushed the Defendant into his body by inserting his hand with a gap, and caused the Defendant to contact the victim’s sexual organ with the victim’s bucks, and committed several indecent acts.

B. On December 2018, 2018, the Defendant: (a) 20:30 on the lower end, knife the victim’s knife by inserting his knife his knife with the victim’s knife; and (b) knife the Defendant’s sexual organ into the victim’s hand; and (c) knife his kn

C. At around 17:00 on January 26, 2019, the Defendant: (a) laid down the victim’s right side of the victim who was using Not North Korea at the restaurant of the said Haak-gu Steering House; (b) opened the victim; and (c) opened the victim’s right away; and (d) committed indecent act by hand, taking the victim’s sexual organ against the victim’s hand.

On January 26, 2019, the Defendant, at around 17:30, 2019, pushed together the victim’s side, who was in the said bed in the bed room, and talked about several times to see the amount of the victim’s sexual intercourse, and committed indecent act against the victim’s face on several occasions by hand and inc and inc and inc and inc.

2. 직무수행군인폭행 피고인은 2018. 12. 20. 20:30경 위 함대 침실에서 C 소속인 피해자 E(남, 20세)에게 다가가 피해자에게 “당직 중에 졸았으니, 평소처럼 몇 대 맞을래. 빨리 대라.”고 말하며 오른손 검지 및 중지를 이용하여 피해자의 귓불을 수회 잡아 당겨 속칭 귀딱밤을 때렸다.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each military police officer in relation to D and E;

1. Application of the respective laws and regulations of F, G, H and I

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;