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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a U.S. military unit located in Pyeongtaek-si who is subject to SOFA.
1. On November 19, 2019, at around 01:06, the Defendant entering a structure, the victim’s structure was invaded by the victim’s structure, such as: (a) opened an open door to be corrected; and (b) intrusioned into the door to 1st to 4th floor; and (c) opened the door to 1st to 4th floor; and (d) opened the door to 1st to 4th floor.
2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force by force) invaded upon the “E” and opened and intrudes into a guest room which had not been corrected for the first time in F, and then discovered the victim G (the age of 34) who was locked without having been able to wear clothes at the bed, and found out the victim G (the age of 34) who was locked by the victim, and took charge of the victim’s sexual organ by hand.
Accordingly, the defendant invaded into the room possessed by the victim, and committed indecent acts by using the victim's mental disorder or non-fashion condition.
Summary of Evidence
1. Partial statement of the defendant;
1. A written statement of each police officer's written statement concerning G, the victim's self-written statement;
1. Application of the 112 Reporting (Evidence Nos. 14,15) on the 112 Reporting List of Case Handling (Evidence Records Nos. 14,15) and the CCTV-fa
1. Relevant legal provisions on criminal facts and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Articles 319(1) and 299 of the Criminal Act; Article 319(1) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202);
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (only to the extent that the punishment is aggregated with the long-term punishment of two crimes) is concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The Criminal Act, the suspension of execution;