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Reasons
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(영문) 수원지방법원 평택지원 2019.06.21 2019고합46
군인등강제추행
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant was discharged from military service on February 4, 2019 due to the administrative supply of the C Main Unit C, which is located in B, and was discharged from military service on February 4, 2019. The victim D (year 21) was the same serious personnel records (age 1225) as the victim E (age 1232) and the victim E (age 19) were the same serious personnel records (age 1232) and the victim F (age 21) was the same company personnel records (age 1236).

1. The Defendant, on January 1, 2018, committed the crime against the victim D, committed an indecent act by force on three occasions in total, such as the list of crimes in attached Table (1) between around 19:00 and around 19:00, the Defendant at the third floor room of the above main unit, stating, without any justifiable reason, that “the Defendant is cut off...................................” and that, by hand, her hands off the victim’s sexual organ for about four seconds.

2. On August 2018, between 19:00 to 22:00, the Defendant committed the crime against the victim E, committed an indecent act by force against the victim on six occasions in total, as shown in attached Table No. 2, on the part of the victim, on the top of the main 3rd parallel line in the above main unit, with the victim’s hand, “Liby A” and with the victim’s sexual flag and high exchange as his hand for about ten seconds, and by October 26, 2018.

3. On December 28, 2018, between 22:00 to 0:00 on December 28, 2018, the Defendant committed an indecent act against the victim two times in total, as shown in attached Table 1(3), by forcing the victim to deviate from her panty and panty for about ten seconds, and by her hand turning about the victim’s sexual flag and panty for about ten seconds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each military police officer made to D, E, and F;

1. Each service certificate;

1. A copy of each main unit branch;

1. Application of statutes on the field and CCTV-related photographs;

1. Relevant provisions of Article 92-3 of the Military Criminal Act concerning criminal facts;

1. The Criminal Act among concurrent crimes.

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