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(영문) 대구지방법원 서부지원 2018.08.16 2018고합85
군인등강제추행
Text

A defendant shall be punished by imprisonment for six 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

The Defendant entered the military court on July 5, 2016 and served from August 12, 2016 to April 4, 2018 at the 11 Information and Communications Group C telecommunication department from August 12, 2016, and the victim D (20 years) is a person who served in the post of the Defendant at the same place.

On December 24, 2017, the Defendant, along with two victims, went to sleep, and am to sleep from around 17:00 to around 21:00, while drinking alcohol at the drinking room and drinking it to Eelher at the drinking room, from around 17:00 to 21:00.

On the 25th day of the same month, the Defendant committed an indecent act against the victim, who was a soldier, by taking advantage of mental and physical loss, or by taking advantage of an impossible state of resistance, such as taking the victim’s ear, see, neck, etc., under the influence of alcohol from the Defendant’s side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the military police;

1. Application of Acts and subordinate statutes governing a service certificate;

1. Articles 92-4 and 92-3 of the Criminal Act of the relevant Article of the Military Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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 for disclosure, notification, and restriction on employment, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is a first offender in danger of sexual assault and recidivism);

It is difficult to conclude that the defendant can have an effect to prevent recidivism even with the registration of attending lectures and personal information.

I seem to appear.

In addition, considering the social benefits expected by the disclosure order, notification order, or employment restriction order, and all the circumstances such as the prevention effect of sexual crimes, disadvantage and anticipated side effects of the defendant, the personal information of the defendant shall not be disclosed and notified.

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