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(영문) 서울남부지방법원 2019.08.16 2019고합128

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

On February 20, 2017, the Defendant was discharged from military service on November 15, 2018.

1. 군인등강제추행 피고인은 2018. 6. 1. 16:30경 양주시 C에 있는 위 부대 2층 생활관에서, 침대에 누워있는 같은 부대 무선장비운용병인 피해자 D(19세)에게 다가가 피해자를 양손으로 안고 신음소리를 내며 피해자의 목과 귀 부위를 약 2회 핥은 것을 비롯하여, 그 무렵부터 같은 해

8. By August 8, the victim, who was a soldier, by the same method six times in total, such as the list of crimes in the annexed Table 1, was indecent act by force.

2. The Defendant, at the end of May, 2018, takes the victim’s bath at the place specified in paragraph 1 and the victim’s bath.

As a knife with a knife, the body, which is a dangerous object, threatened the victim with the knife, with a knife, knife, with a knife," and threatened the victim with the knife twice by the large examination.

3. On July 21, 2018, from around 22:00 to 23:00, the Defendant forced a food victim, who was frighted by continuous violence or intimidation, to breathe the head of the Defendant’s head in a place described in paragraph (1), and from around that time, to 23:00, the Defendant had the victim frighted by continuous violence or intimidation go against her hand.

8. By August 8, 200, the victim had the victim do an act of non-performance by assault and intimidation by requiring the victim to 17 times in total, and one hour in each day, as shown in Appendix 2.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statements of the suspect examination protocol of the military prosecutor against the defendant;

1. Part of the statement made by the military prosecutor's office in relation to E (the part that has witnessed the appearance of forcing the victim D to drink the evidence No. 14 and the victim D);

1. Application of Acts and subordinate statutes governing service certificates;

1. Article 92-3 of the Military Criminal Act, Articles 284 and 283(1) of the Criminal Act, and Article 324 of the Criminal Act, respectively, shall be applicable to the relevant criminal facts and the choice of punishment.