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(영문) 인천지방법원 2019.01.18 2018고합702
군인등강제추행
Text

A defendant shall be punished by imprisonment for six 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

On January 12, 2018, at around 17:30 on January 12, 2018, the Defendant committed an indecent act by force against the victims who were soldiers on 14 occasions from January 10, 2018 to April 11, 2018, such as a person who worked as a medical soldier in the headquarters of the headquarters of the B Group in the B Group in the Gangwon-gu Branch in the House D (20 years of age) with the victim’s sexual organ by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning E, F, D, and G;

1. Application of respective Acts and subordinate statutes of E and G;

1. Articles 92-3 and 1 (2) of the Military Criminal Act concerning facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 or notify information, 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 (i.e., the possibility of recidivism by the accused, the degree and expected side effects of the disadvantage the accused was placed due to the accused’s order to disclose or notify information, the prevention and effects of sexual crimes subject to registration that may be achieved therefrom, and the effects of protecting the victims of sexual crimes subject to registration, if there are special circumstances in which

1. Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is registered and to be submitted under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), and Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), the Defendant is subject to Article 42(1) of the Act on Special Cases

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