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(영문) 부산지방법원 동부지원 2019.09.06 2019고합112
군인등강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant shall serve as a soldier belonging to the Marine Corps B.

On March 21, 2019, a person discharged from active service on March 21, 2019, and the victim C(20 years of age) is a succeeding soldier in the same military unit.

1. An indecent act;

가. 피고인은 2018. 10. 말 22:00경 포항시 남구에 있는 해병대 B 3연대 전투지원중대 생활반에서 피해자에게 피고인 옆에 누워보라고 한 뒤 피해자를 껴안고 뺨에 수회 뽀뽀를 하고 혓바닥으로 피해자의 구레나룻 부위를 핥고 피해자의 반팔 안으로 손을 집어넣어 젖꼭지를 쓰다듬고 피해자의 성기 부위 위에 올라타 허리를 흔드는 등 군인인 피해자를 추행하였다.

B. At around 07:00 on November 9, 2018, the Defendant committed an indecent act against the victim, who was a soldier, by putting his/her hand into the victim’s panty seat, and turning on the victim’s panty seat.

2. On November 2018, the Defendant assaulted the Defendant, on the ground that he was the victim, who was on the top of the first patrol force, and was not on the part of the victim, on the ground that he was not on the part of the victim but on the ground that he was not on the part of the victim, on the ground that he was not on the part of the first patrol force, and that he was on the part of the victim, such as when he was on the part of the victim’s chest, and that he was on the part of the victim’s bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written statements by military judicial police officers C;

1. Relevant Articles 92-6 and 1 (2) of the Military Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the severe punishment and concurrent crimes committed on November 9, 2018), among concurrent crimes, shall be deemed concurrent crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (decision of types of violence) (decision of types of violence) and violence crime in general.

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