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(영문) 수원지방법원 성남지원 2020.06.11 2020고합66
군인등준강제추행미수
Text

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 is a person who was wounded in the line of duty under B, and the victim C(the age of 21) is a person who was killed in the same line of duty.

At around 03:30 on October 30, 2019, the Defendant met the victim's chest with his/her chest at his/her living room located in Gyeonggi-do, Gyeonggi-do, Macheon-gun, the Defendant left the victim's chest by his/her son, and the victim did not open the remaining eye due to his/her fry from the locking of the fry, and the Defendant met the victim's chest, ship, and fry with his/her chest and part of the sexual flag. From around 03:50 on the same day to 05:0 on the same day, the foregoing person gets his/her finger into the victim's chest and part of the sexual flag at several times. The Defendant exceeded his/her chest and part of the victim's chest and part of the sexual flag at the bottom of the victim's fry.

Accordingly, the defendant was aware that the victim was diving and was unable to resist, and tried to commit an indecent act by using it, but the victim was actually broken out and attempted.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement E, F, and C's written statement statement service record, notification of the commander's opinion appraisal result;

1. Relevant Articles 92-5, 92-4 and 92-3 of the Military Criminal Act concerning criminal facts;

1. Attempted mitigation proviso of Article 27 and Article 55 (1) 3 of the Criminal Act;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. An order to disclose and notify information, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction Orders, 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 (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020).

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