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(영문) 수원지방법원 2016.12.13 2016고합495
군인등강제추행등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

After entering the military on September 1, 2014, the Defendant was placed in the C&C Team D in the Army C&C located in the Daegucheon-gun, Gangwon-do, and was discharged from military service on May 31, 2016, and was discharged from military service on May 31, 2016. The victim E (20), victim F(20), victim G (20), victim H(22), victim I(21), victim J(20), victim K(21), and victim K(21) are soldiers belonging to the same company.

1. On December 4, 2015, the Defendant, such as soldiers, etc., committed indecent acts by force on 12 occasions the victims of military personnel, as indicated in the attached Table 1, committed indecent acts by force from around October 2015 to December 22, 2015, on the following occasions: (a) while working on the boundary with the victim E (20 years of age) in the first place in the D D D D D D D B, the Defendant: (b) provided that “I will skin skin and make it good; and (c) I would like to punish the victim’s body for about 10 minutes; and (d) committed indecent acts by force against the victim, as described in the attached Table 1, from around December 2015 to December 22, 2015.

2. A soldier, etc. quasi-indecent act by compulsion on August 8, 2015, the Defendant committed an indecent act on five occasions in total by taking advantage of the state of the victim's refusal to resist, taking advantage of the state of the victim's refusal to resist, and committed an indecent act against the victim's bucks by taking advantage of the victim's state of refusal to resist. From November 17, 2015, the Defendant committed an indecent act on five occasions in total by taking advantage of the victim's state of refusal to resist, such as the attached list 2.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, G, H, I, J, and K;

1. Application of the order for boundary operations, interviews and observation records, and written confirmations to the Acts and subordinate statutes;

1. The applicable provisions of Article 92-3 of the Military Criminal Act concerning criminal facts and Articles 92-4 and 92-3 of the Military Criminal Act; and

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the severe punishment of the principal and the principal of the crime) (the aggravation of concurrent crimes by compulsion by military personnel, etc. on December 22, 2015), among concurrent crimes;

1. The Criminal Act, the suspension of execution;

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