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(영문) 창원지방법원 마산지원 2021.01.15 2020고합91

군인등강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2019, the Defendant entered the Army Training Center in the Republic of Korea on the same year as a soldier.

8. On November 14, 2020, a person discharged from active service on June 26, 2020, the victim D(22) served together with the Defendant at the time when the Defendant was serving in the 8th group 108 telecommunications unit 781 telecommunications unit 781 telecommunications unit 2.

On October 4, 2019, the Defendant committed an indecent act against the victim, who was a soldier, due to an assault, by following the descendants confirming the victim's existence after being waiting to purchase goods within the F, located adjacent to the ward of Gosung-gun E on October 4, 2019.

Summary of Evidence

1. Any statement made by the defendant in the protocol of the first public trial, which contains any statement sufficient for such statement;

1. Statement made with respect to D preparation of a private police officer;

1. Application of Acts and subordinate statutes to investigate into and report on cases involving forced indecent conduct, such as soldiers;

1. Article 53 and Article 55 (1) 3 of the Criminal Act that reduces the amount of small quantities under Article 92-3 of the relevant military criminal law against a crime (the following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 16(2) main sentence of Article 16(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Defendant, Article 49(1) proviso and Article 50(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1622, Nov. 26, 2019); the proviso to Article 56(1) and the proviso to Article 59-3 of the Welfare of the Disabled Persons Act (Amended by Act No. 16638, Jun. 2, 2020); the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16638, Nov. 26, 2019);