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| TITLE | Supreme Court en banc Decision 2019Do3047 Decided April 21, 2022 【Indecent Act】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Whether Article 92-6 of the Military Criminal Act applies in a case where anal intercourse or any similar act between same-sex servicemen have taken place in a private space with the voluntary consent of both parties and it is difficult to consider such sexual engagement a direct and specific infringement of healthy cultures and discipline of the military community (negative) [2] In a case where Defendant A and Defendant B, both military servicemen, were accused of violating the Military Criminal Act consisting of: (a) Defendant A’s commission of acts of indecency by mutually kissing and performing oral and anal sex with Party C, who is also a military serviceman, in his bachelor enlisted quarter; and (b) Defendant B’s commission of indecent acts with Defendant A in the same manner as above in Defendant B’s bachelor enlisted quarter, the case holding that the Defendants’ conduct does not constitute “anal intercourse or any other indecent act” subject to criminal punishment under Article 92-6 of the Military Criminal Act, in light of the circumstances that the Defendants and Party C are all male military servicemen and that they engaged in consensual oral and anal intercourse based on their freely formed intent at the Defendants’ bachelor enlisted quarters after duty hours and on weekends | |
