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(영문) 부산지방법원 동부지원 2016.09.28 2016고단1166

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant is a person operating DPC room located in Suwon-gu Busan, and the victim E (n, 21 years old) is a part-time worker who set the daily part-time part-time feet in the above PC room.

The defendant had a mind to commit an indecent act against the victim by using the fact that the victim who is a part-time worker has no choice but to hear his/her speech and that it is difficult to resist his/her speech.

Therefore, around April 10, 2016, the Defendant committed an indecent act on the part of the victim by taking the method of hosting the hedgings against the victim at the above PC holdr around 10:30 on April 30, 2016.

At around 12:00 on the same day, the Defendant saw a drinking water printing method in the PC room, and saw the victim, etc. in the following behind, and embling the Defendant’s sexual flag toward the victim’s her traw, thereby committing an indecent act against the victim.

The Defendant, at around 13:00 on the same day, removed head scarfs attached to the chest part of the victim’s chest part entered, and committed an indecent act against the victim by dividing the victim’s chest into his fingers.

At around 13:30 on the same day, the Defendant led the victim to a narrow control room while inducing him/her to operate the location, such as a signboard, at the above PC control room, and committing an indecent act against the victim by getting him/her aware of his/her own body in front of the victim who practices the PC location and by pushing him/her of his/her body in front of the victim.

As above, the Defendant committed an indecent act by force against the victim under the protection and supervision of the Defendant due to his duties and employment relationship.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation Report (Submission of Victim E E and F dialogue Contents), Investigation Report (Refix of stuffs in control room pictures, etc.), Investigation Report (Submission of Record Files with Suspect who is the complainant) Act and subordinate statutes shall apply.