A defendant shall be punished by imprisonment with prison labor 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.

Punishment of the crime

Of the facts charged in the instant case, the part of intimidation against sentry was transferred to the competent military court on December 27, 2019.

From May 16, 2016 to February 20, 2018, the Defendant was a person who served in the Republic of Korea in the Incheon-do Incheon-gun B, and the victim D (20 years of age) and the victim E (19 years of age) were a person who served in the post of each Defendant.

1. Crimes against victims D;

A. From November 2017 to January 201, 2018, the Defendant assaulted the victim’s arms on a hand with a hand floor, without any justifiable reason, during the period from the first patrol officer to the first patrol officer, to the first patrol officer, and used the victim’s arms for drinking purposes.

B. On December 21, 2017, the Defendant, such as a soldier, etc., committed indecent act by compulsion, at around 21:00, by placing the victim on the bed at the bed room, and committing indecent act by force by putting the victim’s sexual organ out of 3-4 times with his own hand.

2. From December 2017 to January 2, 2018, the Defendant assaulted the victim E with drinking and hand-on the floor of his/her arms, without any justifiable reason, at the living room of the above military unit, from around December 2017 to around January 2018.

Summary of Evidence

【Criminal facts stated in Paragraph 1-A of this Article】

1. Each legal statement of witness F and G;

1. The recording of statements by witnesses E in the third protocol of trial;

1. The recording of statements made by witnesses D in the sixth trial records;

1. Each written statement of the military police officer against H and I (the evidence list Nos. 82,83) (the facts constituting the crime described in subparagraph 1-b) at the time of sales);

1. Legal statement of witness G;

1. The recording of statements made by witnesses D in the sixth trial records;

1. Statement of statement by the military police against D (Evidence Nos. 80 in the table of evidence) (criminal facts stated in paragraph (2) in the market);

1. The recording of statements by witnesses E in the third protocol of trial;

1. Each written statement of J and K (Evidence Nos. 96, 97) and the application of the statute;

1. Relevant Article 260 (1) of the Criminal Act and the main sentence of Article 92-3 and Article 1 (2) of the Military Criminal Act (a point of indecent act by compulsion against military personnel) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.