beta
(영문) 수원지방법원 2016.12.08 2016노890

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. On or around February 2014, around September 12, 2014, or September 15, 2014, the charges of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by occupational force, etc.) are not specifically stated, and thus, the charges were not specified.

There is no fact that the Defendant, in the office, committed an indecent act on G by having the left part of G contact with the left part of G.

G’s statement is the only evidence concerning this part of the facts charged, but is excessively distorted and exaggerated, and there is no consistency between statements. G is an expert on sexual harassment in the workplace because it has worked as an investigator of sexual discrimination in the National Human Rights Commission of Korea. G is an expert on sexual harassment in the workplace without actual experience. G is not specifically memory as to what duties the Defendant had been directed at the time, and what is the content of the documents cited. Unlike the case occurred on February 12, 2014, G is not able to find any particular record on these facts charged, G’s statement cannot be believed as it is. Even if the Defendant committed an act as described in this part of the facts charged, it cannot be deemed that he exercised his occupational force, and there was no intention to commit an indecent act against the Defendant.

Nevertheless, the court below erred by misapprehending the legal principles on force and intent of indecent act in regard to the crime of violating the Act on the Punishment, etc. of Sexual Crimes (Indecent Act on Occupational Authority, etc.) on the sole basis of the statements of G without credibility, thereby misunderstanding the facts charged, or by misapprehending the legal principles on the intent of indecent act.

(b)a prosecutor (1).