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(영문) 인천지방법원 2017.10.19 2017고합499
군인등강제추행
Text

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.

Reasons

Punishment of the crime

1. The Defendant, at around 10:30 on December 12, 2016, committed an indecent act by forcing the victim to commit an indecent act against the victim’s one’s disease D (22 tax) that was inspecting the order for security operations in front of the administrative team C of the 2 B, Gangwon-gu, Yangyang-gun, Yangyang-gun, the Defendant committed an indecent act by forcing the victim by forcing the victim to commit an indecent act by 3 to 5 seconds the victim’s sexual part while wearing a combat uniform.

2. On January 17, 2017, at around 11:50 on January 17, 2017, the Defendant drinked the victim’s daily illness E (22 years of age) that was gathered in a large large multi-purpose hall, with a view to forcing the victim to commit an indecent act on his/her sexual organ, and the victim’s rear her sexual organ, made the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Article 92-3 of the Criminal Act of the corresponding military branch concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes committed by a soldier, etc. against victims E with heavier penalty);

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 Exempted from an order to disclose and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in consideration of the fact that the defendant is the primary offender, the form of the crime in this case, the relationship with the victim, etc., there is a habit for sexual assault against many unspecified victims against the defendant;

It is difficult to conclude that the effect of preventing recidivism can be expected to some extent only by taking part in the registration of personal information on the defendant and taking part in sexual assault treatment lectures.

by an order of disclosure and notification.

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