A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant is a soldier serving as a driver of the Army C in Gyeonggi-si, Gyeonggi-do (Discharge from Military Service on March 8, 2019), and the victim D (years 25) is a soldier serving as a volunteer of the Army C.

1. On January 22, 2019, at around 12:35, the Defendant reported that the victim dialogues with other dynamics from the first floor of the first floor belonging to the above C around 12:35, the Defendant had a victim’s sexual part of the victim’s sexual part with a single hand.

2. On January 23, 2019, the Defendant: (a) around 19:30 on January 23, 2019, the Defendant: (b) 19:30 on the first floor of the first floor belonging to the C, carried the victim’s active clothes on his/her own hand so that the victim’s chest was exposed.

3. 피고인은 2019. 1. 28. 19:00경 위 C 소속대 1층 9생활관에서 침상에 옆으로 누워 있는 피해자의 엉덩이 부위를 갑자기 발로 비벼댔다.

Accordingly, the Defendant committed an indecent act against the victim who was a soldier on three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 92-6 and 1 (1) and (2) of the Military Criminal Act concerning facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following favorable reasons for sentencing) shall be suspended from execution;

1. An order to attend a lecture or to provide community service order under Article 62-2(1) of the Criminal Act (Article 62-2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Protection of Children and Juveniles against Sexual Abuse Act are also sought to disclose or notify personal information and to restrict employment as prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse, but the above crime is not a sexual crime under Article 2 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, unlike Supreme Court Decision 2014Do10916 Decided December 24, 2014. Thus, the defendant is not a person subject to registration of personal information, but can not be a person subject to disclosure or notification of registered information and