A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 11, 2018, the Defendant was a soldier of the combat support company B from January 18, 2019, who was discharged from active service on July 21, 2020, and the victim C (19 years old) is currently a soldier of the above company.

1. 2020. 5. 13. 경 범행 피고인은 2020. 5. 13. 16:00 경 파주시 D에 있는 위 중대 체력 단련 장에서 운동을 하고 있는 피해자를 보자 피해자에게 다가가 손으로 아래에서 위로 올리면서 피해자의 젖꼭지를 쳐 피해자를 강제로 추행하였다.

2. On June 23, 2020, the Defendant committed a crime on June 23, 2020, around 21:35, at the above serious living room on the part of the Defendant: (a) put the victim’s back back his/her left hand in a space between the victim’s left hand; (b) laid down his/her chest on the victim’s left chest; and (c) committed an indecent act by force against the victim.

3. 2020. 6. 26. 경 범행 피고인은 2020. 6. 26. 09:05 경 위 중대 생활관의 중앙 복도에서 피해자에게 다가가 손가락으로 피해자의 젖꼭지와 옆구리를 수회 찌르고, 뒷걸음질치며 이를 피하는 피해자를 따라가면서 젖꼭지, 겨드랑이, 옆구리를 수회 찔러 강제로 피해자를 추행하였다.

Summary of Evidence

1. The defendant's partial statement (the fact that he/she has committed an act, such as taking or turning on the victim's body, as described in the holding at each time and place);

1. A protocol concerning the examination of a suspect against the defendant in preparation of the warning;

1. Statement made to C with respect to the preparation of a amnesty;

1. Application of the respective Acts and subordinate statutes of E, F and G;

1. Aggravation of concurrent crimes under Article 92-3 of the Criminal Act of each of the relevant Articles of the same Act concerning facts constituting an offense (an aggravated punishment of concurrent crimes against military personnel, etc. under Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes against compulsory indecent crimes against military personnel, etc. under Article 3 of the Decree which is the most bad 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 punishment of sexual assault crimes committed to attend lectures;