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(영문) 창원지방법원 진주지원 2014.09.23 2014고단769

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the chief director of the C Foundation, and the victim D (n, 23 years of age) is a dietitian in the Evalescent Hospital under C Foundation.

1. On March 4, 2014, the Defendant: (a) around 19:00 on March 4, 2014, at the G cafeteria customer room located in Sacheon-si F, the Defendant, while drinking alcohol together with the victim, had the victim sit on his/her side, and met the victim’s left side, and buckbucks with his/her hand, and forced the victim to capture two arms; (b) the victim became aware of the victim; (c) the victim was kid, and kid on the victim’s kis, and kids the victim who returned the kis, kids, and 50,00 won on the victim’s hand, and kids his/her hand.

Accordingly, the defendant committed an indecent act by force on the victim under his supervision due to employment relationship.

2. At around 22:00 on the same day as the statement in the preceding paragraph, the Defendant continued to look at the victim’s left side bucks and bucks even though the victim expressed his intention to refuse to stop.

Accordingly, the defendant committed an indecent act by force on the victim under his supervision due to employment relationship.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Investigation report (investigation into attachment of photographs of 50,00 won attached to the injured party by the accused);

1. Application of Acts and subordinate statutes to investigation reports (investigation into attachment of a record repository);

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the time of committing a crime and considering agreed circumstances, etc.);

1. Registration and submission of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;