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(영문) 부산지방법원 2020.02.13 2019고단6391

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates the "CVD" on the 6th floor of Busan Jin-gu B building in Busan, and the victim D(n, 19 years old) is an employee of the above DV.

1. On October 3, 2019, between 15:30 and 17:00, the Defendant, in the above CVD room between 15:30 on October 3, 2019, the victim, who was seated next to the Kabter using those that the victim was unable to resist due to employment relationship, was limited to the left hand floor over several occasions.

Accordingly, the defendant committed an indecent act by force against the victim under his protection and supervision due to his duties and employment relationship.

2. On October 5, 2019, between 12:00 and 19:00 on October 5, 2019, the Defendant continued to keep the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the defendant committed an indecent act by force against the victim under his protection and supervision due to his duties and employment relationship.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint filed for DNA preparation;

1. Investigation report (for temporary correction of the date and time of damage);

1. Application of the Act and subordinate statutes to a report on investigation (victims submitted to Kakao dialogue);

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

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

3. Article 62 (1) of the Criminal Act;

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

5. Where a conviction becomes final and conclusive on each crime of a sex offense subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the defendant shall be punished by Article 42 of the Act on