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(영문) 부산지방법원 2015.04.17 2014고합897
군인등강제추행등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 20, 2014, around 13:20 on April 20, 2014, the Defendant, such as military personnel, etc., transferred to the next edge of the victim, facing “D” in Seoul Jung-gu Seoul Central District Court Decision 21 years old, facing the victim E (W military personnel).

Therefore, when the victim, "I am on the job", and walked with the defendant's bridge to walk with her hand, and faced with the wall to the wall, the defendant was able to cover the shoulder of the victim with his own arms, and the defendant was bucks and bucks and breasts.

The Defendant continued to commit an indecent act by force against the victim, who is a soldier, by taking the shoulder of the victim, provoking the victim by force, and fit the victim.

2. 성폭력범죄의처벌등에관한특례법위반(통신매체이용음란) 피고인은 2014. 6. 29. 19:22경 불상지에서 피해자의 휴대전화로 ‘하앙 보고 싶어. 왜 자꾸 쌩까실깡. 한판 디게 오래하네 ㅠㅠ’라는 문자메시지를 전송하고, 이를 비롯하여 별지 범죄일람표 기재와 같이 2014. 8. 4.경까지 총 8회에 걸쳐 음란한 문자메시지를 전송하였다.

On July 5, 2014, which was originally prosecuted by a prosecutor, withdrawn his or her “to report” portion and made changes in the indictment like the facts constituting an offense.

As a result, the Defendant sent to the victim letters that may cause sexual humiliation or aversion through communications media with the aim of inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to photographs, on-site photographs, and intensity of text messages;

1. Relevant provisions of the Military Criminal Act and Articles 92-3 and 1(2) of the Military Criminal Act concerning criminal facts, and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of obscenity using communications media and the selection of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Suspension of execution;

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