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(영문) 대구지방법원 포항지원 2016.03.24 2015고단1186

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant, as the head of C, took overall control of deposits, loans, etc., and supervised the victims who are employees of the counter.

1. The crime committed against the victim Do provisons;

가. 2013. 8. 24. 경 범행 피고인은 2013. 8. 24. 21:00 경 천안시 동 남구 D에 있는 E 연수원 직원 기숙사에서 단합대회를 하던 중 피해자에게 “ 우리도 러브 샷과 뽀뽀를 하자” 라는 취지로 말하고 피해자 왼편으로 가서 앉으면서 피해자에게 “ 한 잔하자” 라며 술을 권유하였으나 피해자가 “ 술을 못 마신다.

”며 거부하였으나 피고인은 피해자에게 계속해서 술 마실 것을 강요하였고 피해자가 어쩔 수 없이 술잔을 들자 피고인 손을 피해 자 목에 감아 술을 마시고 술잔을 탁자에 내려놓은 후 양손으로 피해자 얼굴을 잡고 피고인 뺨을 피해자 뺨에 갖다 대고 얼굴을 비볐다.

Accordingly, the Defendant committed an indecent act by force against the victim under his/her protection and supervision due to his/her business and employment relationship.

B. On January 12, 2014, the Defendant: (a) completed the mountain festivals event held at the mountain club clubs in E around January 12, 2014; and (b) came to G located in Nam-gu, Nam-gu, Nam-gu, 14:00 on the same day.

The defendant is aware of the fact that the victim talks in G's place "I are about about her male-gu and this kind of relationship."

Although the victim stated that "I would like to send the victim to the male-child room" and the victim "I would like to go to this, I would like to go to this, I would like to see from this, I would like to do so, but we would like to leave the victim on the floor," but the victim could not leave the victim on the part of the defendant's bridge, and she would not leave the victim on the part of the defendant's bridge.

Accordingly, the defendant is subject to his/her protection and supervision due to his/her duties and employment relationship.