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(영문) 광주지방법원 해남지원 2017.01.11 2016고합40

군인등준강제추행등

Text

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Criminal facts

1. On January 6, 2016, the Defendant committed an indecent act by force, such as a soldier, etc., committed an indecent act by force against a soldier by using the victim’s side and chest, etc., using the victim’s locked condition, when she was hydingly humped, while she was divingd by the victim’s ward E, who was divingd by taking advantage of the victim’s seat, she committed an indecent act by force.

2. On January 7, 2016, the Defendant, including soldiers, committed an indecent act by force, in the cyber information room in D around January 7, 2016, while reading in the right edge of the victim’s disease F, who was reading, committed an indecent act by force against the victim, who was a soldier, by having approximately one minute of his/her left hand in the victim’s sexual flag, while making a reading at the right edge of the victim’s disease F.

Summary of Evidence

【Criminal facts No. 1】

1. Partial statement of the defendant;

1. Statement made by the prosecution against E [Article 20-2]

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. A written statement of the G production;

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

1. Article 92-3 of the Criminal Act of the relevant military Article 92-3 of the same Act concerning criminal facts (the point of forceful indecent act by military personnel, etc.), Articles 92-4 and 92-3 of the Military Criminal Act (the point of forceful indecent act by military personnel, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Registration and submission of personal information of the Defendant, in full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, social ties relations; and (c) characteristics of the place and circumstances of the crime; and (d) profits and preventive effects expected from an order to disclose or notify information; and (e) disadvantages and side effects therefrom, there are special circumstances that may not disclose or notify the Defendant’s personal information).