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

On May 14, 2016, while the Defendant was working in E separate collection place located in 09:00 in Gangwon-gun, Gangwon-gun, the Defendant committed an indecent act by force in accordance with the victim C (21 years of age) by breaking the area outside the scope of the area after a pipeing the area into one’s own side and cutting it into one’s own side to one’s own side and cutting it into one’s own view.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by victims of military law and police (22-29 pages of investigation records);

1. A witness's statement;

1. Application of each service certificate (the 53th page of the investigation record), victim (the 114th page of the investigation record)-related statute;

1. Articles 92-3, 1 (1) and 1 (2) of the Criminal Act of the relevant Article of the Military Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. In light of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the primary criminal is the defendant; (c) recognizes and reflects his/her criminal act; and (d) the degree of indecent conduct in the instant crime is not much serious, it can be said that the Defendant’s recidivism can be prevented even by taking lectures on the registration of personal information of the Defendant and taking lectures on sexual assault treatment.

In addition, comprehensively taking account of the Defendant’s age, occupation, sex, family relationship, circumstances after the commission of the crime, etc., the disclosure order and notification order appears to have relatively less social benefits expected to be achieved by the Defendant compared to the disadvantages and anticipated side effects that the Defendant would sustain and the prevention of sexual crimes. As such, there are special circumstances in which the Defendant’s personal information should not be disclosed or notified.

[Determination]

1. The promotion of litigation by which an application for compensation is dismissed;