A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The purport of allowing the court to specify the facts charged by specifying the date, time, place, and method of a crime is to limit the object of a trial against the court and to facilitate the exercise of its defense by specifying the scope of defense against the defendant. As such, the facts charged is sufficient if the facts constituting the elements of a crime are stated to the extent that it can be distinguished from other facts by comprehensively taking account of these elements, and even if the date, time, place, method, etc. of a crime are not clearly stated in the indictment, it does not go against the purport of the law allowing the specification of the facts charged, and in cases where it is inevitable to specify the facts charged in light of the nature of the crime

(1) The facts charged in the instant case reveal that the Defendant’s defense right can be exercised through the classification by the type of assault and the specification of the offense by the victim, etc. (see, e.g., Supreme Court Decision 2004Do1164, Nov. 10, 2005). Although the date and frequency of the offense were somewhat generally indicated, this appears to be inevitable due to the characteristics of the offense in the barracks, which occurs over several times in a short time within the same place as a living hall, and the limitations on the memory of the parties.

From January 1, 2018 to June 22, 2019, the Defendant is a person who served in the military in Gangseo-gu Seoul Metropolitan Government C, and the victim D, E, F, G, and H are soldiers who served in the military together with the Defendant.

1. The Military Criminal Act provides that “Where a soldier, etc. commits violence or intimidation against a soldier, etc. in a military base defined in Article 2 subparag. 1 of the Protection of Military Bases and Installations Act or in a military installation defined in subparag. 2 of the same Article, Articles 260(3) and 283(3) of the Criminal Act shall not apply” (Article 60-6 subparag. 1 and 2 of the Military Criminal Act), and Article 2 subparag. 1 of the Protection of Military Bases