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(영문) 광주지방법원 2018.04.06 2018고합9
군인등강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten 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 completed military service at C Headquarters's work force and discharged from military service, and the victim D(22) is a management soldier belonging to the same workplace.

1. Forced indecent acts such as soldiers;

A. On November 2016, 2016, the Defendant 13:00 to 14:00 on the first half of the beginning of November 2016, and the Defendant’s sexual booming part of the face of the Victim E located in Yangyang-gu, Yangwon-gun, Yangwon-gun.

was made.

B. On November 2016, 2016, the Defendant: (a) 13:00 to 14:00 on the first day of November 2016, 201; (b) knife the Victim’s humb in both hands; (c) knife the Victim’s humb in front of and rear the Victim’s sexual intercourse; and (d) knife the Victim’s hum in front of and rear the Victim’

“.....”

Accordingly, the defendant committed two indecent acts against the victim who is a soldier.

2. On November 201, 2016, the Defendant, such as a soldier on duty, was 13:00 to 14:00, on the first-come-served date, and on the first-come-first-served date, the Defendant given an official commendation in the form of a commendation if he/she was employed as a soldier after being employed as a prepared soldier.

Accordingly, the defendant assaulted the victim who is a soldier on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on service certificates, military register records, and military service records;

1. Relevant legal provisions concerning facts constituting an offense, Articles 92-3 and 1 (2) of the Criminal Act of the respective armed forces that choose a punishment for such offense (the point of coercion against military personnel), and Article 60 (1) 2 of the Military Criminal Act (the point of assault against military personnel in the course of performing their duties, and the choice of imprisonment with labor);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment and punishment for concurrent crimes against military personnel, etc. under Article 1-2 (b) of the Judgment with the most severe punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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. Exemption from any disclosure order and any notification order:

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