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(영문) 대전지방법원 2017.02.15 2016노2267

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the facts charged against Defendant 1’s misunderstanding of facts and misapprehension of the legal doctrine, the Defendant only took a attitude that generally lance with the victim G, and did not fast the body.

In addition, the defendant did not have the intent to commit an indecent act against the victim G's will, since the victim G and the defendant have made an atmosphere that the victim G and the defendant enjoy dancing, and the victim G have also maintained their own judgment.

B) As to the facts charged in the instant case at a singing room with the victim K, the Defendant did not have a dance by closely sticking the victim’s body with K.

C) As to the facts charged against the victim L, the Defendant merely stated that he kis off the victim L by kiscing “kiscing.” The Defendant did not sealed the victim L’s shoulder with kiscing and face by kiscing it by kiscing it by hand, but only left by kiscing the victim L with only one hand.

D) Meanwhile, it is difficult to view the above act committed by the Defendant against the victims as constituting “indecent conduct” in the crime of indecent conduct by force on duty.

E) Nevertheless, the lower court convicted the Defendant as to each of the charges above. In so determining, the lower court erred by misapprehending the legal doctrine and misunderstanding of facts.

2) The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

B. Prosecutor 1) As to the facts charged at the victim K’s pentathy, the part on the charge was stated by the Defendant that the victim K suffered sexual humiliation at the time of the Defendant’s indecent act, such as the facts charged, and that AW observed it.

In light of the fact that the defendant made a statement or the fact that the defendant only carried out the above acts to female employees, it can be seen that the defendant's above acts can be seen as acts of encouragement level.