Text
A defendant shall be punished by imprisonment for six months.
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.
Reasons
Punishment of the crime
The defendant is a soldier belonging to C Association D company, and the victim E (20) is a soldier belonging to F company.
1. On July 16, 2016, at around 16:00, the Defendant: (a) committed an indecent act against the victim while having 5/4 tons or more of military vehicles in Gangwon-do, and (b) led the victim to feel out of the victim’s sexual flag and her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s
2. The defendant is under the preceding paragraph;
9. At the same place as in the preceding paragraph of 10:30, in the middle and the middle 10:30, the victim was able to commit an indecent act against the victim during the maintenance work, and the victim was “picker”, and the victim’s sexual organ was flicker and flicked on the part of the victim.
Accordingly, the defendant committed an indecent act against the victim who is a soldier twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E, H and I;
1. E statements;
1. Application of Acts and subordinate statutes governing a service certificate;
1. Articles 92-3 and 1 (2) of the Criminal Act of the relevant Article of the Military Criminal Act concerning criminal facts;
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 for concurrent crimes against military personnel, etc. as provided for in paragraph (2) with the largest judgment of the court)
1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the Criminal Act (Calculation of the following favorable sentencing grounds):
1. Article 62 (1) of the Criminal Act on the stay of execution (resumed for the following favorable 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) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment and social ties, the details, circumstances, and results of the instant crime, and the disclosure or notification order, which may be achieved due to the disclosure or notification order, are the prevention of sexual crimes subject to registration, the protection effect of the victims, and the disclosure or notification order.