A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is a person subject to SOFA to USFA affiliated U.S. Armed Forces D belonging to Suwon 10 combat Forces D.

On January 7, 2017, the Defendant committed an indecent act on the part of the Victim F (F) on the front side of the Suwon-si, Suwon-si, Suwon-si, 2017. On the other hand, the Defendant committed an indecent act by force on the part of the Victim F (F, 21 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to CCTV CDs and investigation reports (CCTV images verification investigation);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete a program (the defendant is difficult to expect that an alien will smoothly complete a program due to the lack of communication in Korean language, and to achieve the effectiveness of preventing

The reason for sentencing can be seen as a special circumstance where the order to complete the program cannot be imposed.

1. 6 months to 2 years from imprisonment with prison labor for the basic area [the scope of recommended punishment] of the first type of indecent act committed by force in the sentencing guidelines of the Supreme Court Sentencing Commission / [the scope of punishment by force];

2. The decision of sentence is not very good in light of the content and form of the crime, etc. of the defendant's chest as a matter of interview with the victim who does not have any awareness of satisfing in the face of her mother.

Furthermore, the defendant does not seem to seriously repent his mistake until this Court has reached the court, but did not receive a letter from the injured party, and strict punishment corresponding to his responsibility is required.

However, considering the fact that the defendant has no record of criminal punishment in the Republic of Korea, and the various sentencing conditions specified in the arguments of this case, such as age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence like the order shall be imposed.

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