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(영문) 수원지방법원 평택지원 2019.10.11 2019고합87

군인등강제추행

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

After entering the military on March 7, 2016, the Defendant was discharged from military service on December 6, 2017, when serving as a cooking soldier, who was placed in the First Class C Central Headquarters in Yang-gu, Yangwon-gun, and was discharged from military service on December 7, 2017. The Defendant served as the victim D (20), E (19), F (20), G (20), H (20), I (21), J (20), K (22), L (20), and M (21) with the same major working for the Defendant.

At around 22:30 on the first day of August 2017, the Defendant committed an indecent act by force against the victims, who are soldiers, on a total of 22 occasions from February 1, 2017 to September 2017, by making the victim’s sexual intercourses with N, a volunteer soldier, K, and the victim’s sexual intercourses with the motive of the Defendant, N, a volunteer soldier, and the victim’s M., and making the victim’s sexual intercourses. The Defendant committed an indecent act by force on the part of the victim from February 2017 to September 2017, as described in the attached list of crimes.

Summary of Evidence

1. Each statement of witness D, E, F, G, H, I, and K in the second protocol of the trial;

1. Each statement made by witnesses J, L andO in the third protocol of trial;

1. Determination as to the assertion of innocence of the accused and defense counsel in the fourth trial records of the witness P and Q

1. With regard to the Defendant’s act of spreading the victim’s sexual organ and exchange (attached Form No. 22), the summary of the Defendant’s assertion of innocence : (a) the victim was placed at first, the victim was forced to commit indecent acts by force against the Defendant; (b) the victim M et al. was prevented from leaving the Defendant’s arms; and (c) made the Defendant her arm’s body friencing; (d) led the Defendant to stimulate the Defendant’s sexual organ; and (e) insulting the Defendant “sexual organ.” The Defendant was insulting the victim’s mar in a serious form to reflect this.

In addition, with regard to each act described in the attached list of crimes, most of the defendant's actions are that the victim's actions have contacted with at least 2 seconds of buckbucks at least 7 seconds, such as softs. This act is objective.