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(영문) 수원지방법원 성남지원 2017.03.30 2016고합158
군인등강제추행
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person who served as a non-commissioned officer (second-time non-commissioned officer) in the former seven former Crelet D in the operation company (second-time officer) and a victim E (second-year officer) is a person who served in the same deck as the Defendant.

On April 2015, the Defendant committed an indecent act against the victim by inserting the Defendant’s hand on the left side of the victim who was on work within D helicopter hangar in the middle 08:30 square meters, and by inserting about 3 to 4 seconds the victim’s sexual organ in the middle 2015.

In addition, at around 09:00 on the same day, the Defendant committed an indecent act on the victim’s sexual organ by inserting the Defendant’s hand on the victim’s left side part of the victim and inserting the Defendant’s hands on the victim’s sexual organ for about three to four seconds.

2. Determination

A. As evidence corresponding to the above facts charged, there are various statements in the victim, F’s respective legal statements, victim, and F’s statements by each military police station against the victim and F, F, G, H, and I.

Among them, each written statement of F, F, G, H, and I prepared by the military police officer statement of F, F, H, and I merely told the victim that “the victim was forced to commit an indecent act against the Defendant.” As such, direct evidence to acknowledge the facts charged is the victim’s statement.

B. However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is difficult to believe the victim’s statement as it is, and the remaining evidence submitted by the prosecutor alone was proved to the extent that the above facts charged are beyond reasonable doubt.

It is difficult to see it.

① The victim’s indecent act committed on April 2015, 08:30 on the charge of forced indecent act by military personnel, etc., the purport is that “work was carried out, but the Defendant was able to sit back on the side of the left side, and the Defendant was able to write off his hand and her hand on the part of the Defendant’s (dungsare, and the Defendant’s hand on the part of the soldiers’ work) and only 3 to 4 seconds.”

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