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A defendant shall be punished by imprisonment for six months.
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
The Defendant was enlisted for active duty service on July 1, 2014, and was promoted to the sick and wounded on June 1, 2015, and was promoted to the sick and wounded on February 1, 2016, and was discharged from active service on March 31, 2016.
1. At around 14:00 on October 27, 2015, the Defendant committed an indecent act by force against the victim, who was a soldier, in a way that the victim, who was leaving a bucking room of the D Headquarters D (20 years of age), coming up to the bucker bucks of the victim, who was leaving a bucking room on the bed, and prevented the victim from resisting the victim, by getting up to knee knee knee knee knee knee knee kne knee knee kne, with his kne kne kne kle kle kle kle kle kle kle kle kle kle kle kn with the victim’s kle kle kle kle kle kle k kle kn kn kn
2. On October 28, 2015, the Defendant forced the victim who is a soldier to commit an indecent act in the above rest room in the same manner as Paragraph 1.
3. On October 29, 2015, the Defendant forced the victim who is a soldier to commit an indecent act in the above rest room in the same manner as Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each military judicial police officer to E;
1. Each statement of the F;
1. Application of the Acts and subordinate statutes of each interview and observation, military register register, and personnel order;
1. Article 92-3 and Article 1 (1) and (2) of the Military Criminal Act concerning a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. The accused under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;