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(영문) 대구지방법원 김천지원 2012.12.12 2012고단589

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Defendant A violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in the Course of Duties, etc.), was the director operating the D Beauty Room located in G Kimcheon-si, and the victim E (Nam, 29 years of age) was an employee for about two months from February 1, 2012 to April 4, 2012.

The injured party is an employment relationship under the protection and supervision of the accused.

피고인은 2012. 3. 2. 24:00경 경북 김천시 F 원룸 302호 피해자의 방안에서 침대 위에 누워 있던 피해자를 껴안으며 “나를 쳐다 보면서 자라”고 한 후 손으로 피해자의 양 귓볼을 만지고 얼굴을 쓰다듬은 후 가슴을 주무르고 성기를 만지려고 하는 등 피해자를 위력으로 추행하였다.

나. 피고인은 2012. 4. 초순 14:00경 경북 김천시 G 공터에 주차한 피해자의 H 승용차량 안에서 조수석에 앉아 의자를 뒤로 제낀 후 운전석에 있는 피해자에게 “피곤한데 여기서 좀 자고 가자”라고 하면서 왼손으로 귓볼을 만지고 왼손으로 손을 잡아 깍지를 끼는 등 피해자를 위력으로 추행하였다.

2. Around 23:00 on April 5, 2012, the Defendant, at the same place as the foregoing 1’s A, committed indecent act by compulsion by force, on the part of the victim, who gets home after drinking alcohol at the same time as the victim’s above 1’s (i.e., “the victim is well living at the her house,” and (ii) on the part of the victim, who was under the influence of her hand, tried to talk about the victim’s chest and her her bat, and attempted to talk about the victim’s sexual organ

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to each investigation report (in relation to attachment, such as field photographs, attachment of suspect and victim Kakao Stockholm, attachment of recording notes);

1. Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 298 of the Criminal Act and each fine shall be imposed on the criminal facts;