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(영문) 부산지방법원 2016.02.17 2015고합627
군인등강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal record] On May 29, 2015, the Defendant was sentenced to three months of imprisonment with prison labor and six months of imprisonment with prison labor for an indecent act committed by military personnel and other military courts, and the sentence became final and conclusive on June 18, 2015.

[2] From May 23, 2015 to July 24, 2015, the Defendant lived in the military prison C in Echeon-si, Dongcheon-gu, Dongcheon-gu, Dongcheon-gu, Dongcheon-do. From May 28, 2015 to May 28, 2015, the Defendant was a victim D (21 tax) who started a prison life in the above C, and a person who was flive by doping on the ground that he was less than the Defendant.

1. On June 4, 2015, between around 17:37 and around 19:01 on the same day, the Defendant suffered injury, such as, without any justifiable reason, in the above military prison C, the victim’s chests and elbows, and the victim’s chests and elbows, and the victim’s joints and joints and joints and elbows were unable to know the number of days of treatment.

2. On June 5, 2015, from around 09:00 to around 10:00 of the same day, the Defendant committed an indecent act by force against the victim, who was a soldier, by means of unfeling her butt her sexual part on the part of the Defendant and paying her sexual intercourse, as her sexual part was closely adhered to the Defendant’s sexual part on the part of the Defendant, committed an indecent act by forcing the victim, who was a soldier, to commit an indecent act.

Summary of Evidence

Criminal facts of each judgment

1. Statement by the defendant in court;

1. Statement made to D by the military police;

1. A complaint filed in D;

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

1. Reporting on violations of rules by prisoners;

1. Each damaged photograph, CD, and the criminal records in the holding;

1. Written inquiry about criminal history, etc.;

1. Certificates of confinement;

1. Application of each of the statutes governing the judgment;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment, and the punishment), Articles 92-3 and 1 (2) of the Military Criminal Act (the point of forced indecent act against military personnel) concerning criminal facts;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to cases between crimes of each judgment and forced indecent acts such as soldiers, etc. for which judgment has become final and conclusive);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment shall be imposed on forced indecent conduct, such as military personnel with heavier punishment).

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