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A defendant shall be punished by imprisonment for one year.
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.
Reasons
Punishment of the crime
After the Defendant served in C as a new womb operational soldier at C, on November 21, 2017, the Defendant was a person with a high maturity on the Army sergeant at C, and on November 21, 2017, the Victim D(21) was a person serving as a private soldier belonging to C, and the Defendant was a volunteer soldier in the military.
On September 19, 2017, from around 02:00 to around 04:00 on the same day, the Defendant reported the victim who was faced by the Defendant’s bed in the bed of his bed of his bed, and went back to the bed of his bed of his bed of beingd of his bed of beingd of his bed of beingd of his bed of beingd of his bed of beingd of his beingd of his bed of beingd of his bed of beingd of his bed of beingd of his bed of beingd
Accordingly, the defendant committed an indecent act by force against the victim, who is a soldier, using the victim's resistance impossible condition.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the military police in relation to D;
1. Application of Acts and subordinate statutes to the military police statements of D;
1. Article 92-4, Article 92-3, and the main sentence of Article 1 (2) of the Criminal Act of the relevant Article of the Military Criminal Act concerning criminal facts;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);
1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the instant crime has a significant impact on the special environment of military belt, and the Defendant has already been discharged from military service.
The defendant has no criminal history of the same kind.
In addition, there is a risk of sexual assault and recidivism against the defendant.
It is difficult to readily conclude.
B. The effect of preventing recidivism can be expected to some extent only by registering personal information of the defendant and taking lectures to treat sexual assault against him/her.
I seem to appear.
In addition to these circumstances, considering various circumstances, such as the defendant's age, family environment, and social relationship as shown in the argument of this case.