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(영문) 광주지방법원 순천지원 2021.01.21 2020고합156
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, the victim B ( South, 19 years old), the victim C ( South, 21 years old, 19 years old) and the victim D ( South, 19 years old) entered the Army as active duty servicemen, and the appointment of the 27 Bosup Association E company of the 27th Military E company was the relationship between the successor.

1. The Defendant committed the crime against the Victim B at around 21:15, the date between the end of November 2019 and the beginning of December 2019, and around 21:15, at the 1st life hall of the Ministry of Communications of the Group E of the Group E of the Group E of the Group E of the 27 Bocheon-gun, Gangwon-do, the Defendant left the film “crime city”, and the Defendant was, in his hand, hicking the Victim B’s sexual attack.

Accordingly, the defendant forced the victim who is a soldier to commit an indecent act.

2. From October 25, 2019 to June 26, 2019, the Defendant committed the crime against the victim C at the above communication-based rest room around 23:00 on the date between the two parties, depending on the face of the film “crime city”, and by hand, the victim C’s sexual climate was met.

Accordingly, the defendant forced the victim who is a soldier to commit an indecent act.

3. The Defendant committed the crime against the victim D at around 12:00, the date from the second week to the third week from the second week of November 2019, to the third week, according to the head of the “crime City” from the film “crime City,” and by hand, had the victim D’s sexual attacked.

Accordingly, the defendant forced the victim who is a soldier to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the military prosecutor's office with regard to B, C, and D;

1. Each statement of G, H, I, and J;

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

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 D with the largest number of concurrent crimes)

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 against Sexual Crimes;

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