Cases
2014Do3111 Indecent act by compulsion by a soldier, etc. (the name of the conjunctive crime: Indecent act by a soldier, etc.)
Defendant
A person shall be appointed.
Appellant
Military prosecutor;
Defense Counsel
Law Firm B
Attorney C, D, and E
Law Firm F
Attorney G, H
Judgment before remanding
High Court for Armed Forces Decision 2011Do23 Decided February 17, 2012
Judgment of remand
Supreme Court Decision 2012Do3722 Decided September 26, 2013
Judgment of the lower court
High Court for Armed Forces Decision 2013No221 Decided February 21, 2014
Imposition of Judgment
September 4, 2014
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Examining the reasoning of the judgment below after remand in light of the records, the court below reversed the judgment of the court of first instance which found the defendant guilty of indecent act by force by force on July 10, 2010 among the facts charged in the instant case on the ground that there is no proof of crime against the injury by force on the part of military personnel on July 10: 31, 2010 among the facts charged in the instant case and found the defendant not guilty is justifiable in accordance with the purport of the judgment of remanding. In so doing, contrary to the allegations in the grounds of appeal, there were no errors
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Min Il-young
Justices Lee In-bok
Justices Park Poe-young
Justices Kim Jae-han