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(영문) 서울서부지방법원 2015.04.15 2015고단292

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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is the president of the public relations company “E”, and the victim F (the age of 24) worked in “E” from February 7, 2014 to October 24, 2014, and the Defendant and the victim, around June 17, 2014, were to move back from the Japanese colonial point of “G,” located in Seodaemun-gu Seoul Metropolitan Government, to the Imins bank located in Seodaemun-gu Seoul on the same day at around 22:00 on the same day.

At around 22:00 on June 6, 2014, the Defendant committed an indecent act by force against the victim under the supervision of the Defendant due to his duties, such as the victim's seat next to the victim, and the victim's inflows over three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F prosecutorial protocol of statement to the prosecution;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances shall be considered as described in the reasons for sentencing):

1. The case is not easy in that the victim was faced with a considerable mental impulse due to the Defendant’s act of sentencing Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant, and the victim was unable to continue his/her workplace life with his/her original intent and eventually retired from office.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the degree of indecent conduct is not more severe, that the defendant is against himself, that there is no record of punishment in the same kind and suspended execution, and that there is no record of punishment in excess of the same kind and suspended execution, and

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to

An order to disclose or notify personal information.