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

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.

Punishment of the crime

After entering the Republic of Korea on October 6, 2015, the Defendant was assigned to C in YYYYYY, and served as a branch commander on March 10, 2016, and was discharged from military service on July 5, 2017. The victim D (19 years old) is a soldier belonging to the same branch, and the victim E (19 years old) and the victim F (20 years old) is a worker belonging to the same branch.

1. On March 27, 2017, the Defendant committed an indecent act by force, such as a soldier, etc., committed an indecent act by force against the victims, who were on the part of the victim, etc., and were forced by describing sexual intercourse with the victim, on the ground that, around 22:00 on March 27, 2017, the Defendant came up with the victim’s laps who was faced with the victim’s sexual organ, and came up with the victim’s laps, and committed an indecent act by force until April 6, 2017, by 1:30 of the attached list of crimes (voluntary indecent act such as soldiers).

2. Around 20:00 on February 4, 2017, the Defendant assaulted the victims, such as the victim’s drinking 12 times as shown in attached Table 2(Assaults) on the ground that the victim E, who saw a shower in the above serious shower room, was frightened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E, F, and D;

1. Application of Acts and subordinate statutes to the discharged order (C Personnel Order 536);

1. Relevant provisions of the Criminal Act and Article 92-3 of the Criminal Act of each service of the same group as to facts constituting an offense (the point of assault and the choice of imprisonment with prison labor) and Article 260 (1) of the Criminal Act (the point of assault and the choice of punishment);

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. Article 62 (1) of the Criminal Act on the suspended execution;

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, see Supreme Court Decision 2014Do10916 Decided December 24, 2014;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure Orders and Notification Orders, and Act on the Protection of Children and Juveniles against Sexual Abuse.