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(영문) 대구지방법원 2021.03.26 2020고합551
군인등강제추행
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

From January 15, 2019 to August 21, 2020, the Defendant is a soldier serving in the Army Association C of the 35 B in the Army located in the former North Korean Armed Forces B, and the victim D (the remaining and the age of 21) is a soldier belonging to the same military unit, who is a soldier belonging to the same military unit, in the relationship of appointment of the victimized person.

At around 18:30 on May 15, 2020, the Defendant committed an indecent act against the victim, who was in a life room of the above military unit, including that the victim was forced to commit an indecent act against the victim, who was a soldier, such as the victim’s her her amb, by her ambry, etc., by her ambry, etc., in his ambry, from around that time to June 5, 2020, all as shown in the list of crimes in the attached list.

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

Summary of Evidence

1. A statement made by the military judicial police officer in relation to the defendant's legal statement E by a copy of the protocol of examination of the suspect in each military prosecutor's office against D, F, G, H, I, and J;

1. Application of each statute of M and N;

1. Articles 92-3, 1 (1) and 1 (2) of the Criminal Act of the respective armed forces under the corresponding provisions of the Act on the crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes committed by a soldier, etc. on May 29, 2020 with the largest penalty);

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Issuing an employment restriction order under the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. As to the crime committed before May 26, 2020 among the crimes in its holding: Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 16622, Nov. 26, 2019); Article 56(1) main text of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020)

B. As to each crime committed after May 29, 2020 among the crimes in its holding: the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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