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(영문) 춘천지방법원 영월지원 2018.02.08 2017고합45
군인등강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

When the Defendant served as a soldier belonging to C Association D D, on June 2, 2017, at around 04:00, the above large-scale living room located in Gangwonwon E, on the ground that the Defendant shouldered the Victim F (21) (3) who was a motive for the locked due to the locked of the Defendant’s fingers into the victim’s seat, and repeatedly moved into the victim’s seat, and the victim’s panty knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant committed an indecent act by force against the victim who is a soldier.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the law of the police statement protocol to F;

1. Articles 92-3, 1 (1) and 1 (2) of the Criminal Act of the relevant Article of the Military Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

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 a notification order, 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 (no record that the Defendant was punished for a sexual crime; the instant crime was committed in a military unit living room in the closed environment; the Defendant was discharged from active service after committing the crime and currently has been serving as a social service personnel, solely on the grounds that the background of the crime or record was revealed, there is a risk that the Defendant has a habit of committing a sexual crime, or that there is a risk

In light of the fact that it is difficult to conclude, other benefits and prevention effects expected by an order to disclose or notify personal information, and disadvantages and side effects therefrom, the accused shall not disclose or notify personal information.

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