A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant served as a serious transport soldier of the headquarters C of the Marine Corps, and the victim D (20 years old) served as a volunteer in the same unit, and the defendant was appointed as a volunteer in the same unit.

1. 피고인은 2017. 9. 중순경부터 2017. 10. 말경까지 사이에 포항시 남구 E에 있는 위 본부 중대 3 층 생활 반 침상에서, 피해자의 상의 속으로 손을 넣어 양쪽 젖꼭지를 수 분간 만져 피해자를 강제로 추행하였다.

2. From Sep. 2017 to Oct. 2, 2017, the Defendant committed an indecent act by force against the victim by inserting her hand into the victim’s panty panty, and committing an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each police statement made to D, F, and G;

1. A copy of H’s statement;

1. Application of Acts and subordinate statutes No. 344 of the Personnel Order 2017 (C)

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. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes against military personnel, etc. as provided for in paragraph (2) with heavier judgment of the court)

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances in the following sentencing grounds):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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 notify information; Article 49(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse (the order to disclose or notify personal information may have a significant impact on the defendant. The instant crime is not an offense against many unspecified persons; the Defendant has no record of sexual crimes; the Defendant’s personal information is registered and sexual assault against the Defendant in light of the Defendant’s age, occupation, home environment, and social relationship.