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(영문) 수원지방법원성남지원 2020.08.28 2020고단1626

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is the overall team leader of the “stock company C” in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and the victim D (the 33 years of age) is the team leader of the said stock company, and the Defendant is in a relationship that protects and supervises the victims due to duties or employment relations.

1. The Defendant, at around 11:00 on August 27, 2019, committed indecent act by compulsion, at C, a stock company located in Seongbuk-gu, Sungnam-si, Sungnam-si, that caused the victim to have a defect in the meeting and enter the meeting on one’s own, and committed an indecent act by force against the victim by holding the victim 5 to 6 times by holding the victim a seated on the table, sitting down on the table, cutting down the string, cutting down the string, cutting down the sexual flag into the string, and breaking it under the above stiff.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Occupational Abuse, etc.);

A. On September 3, 2019, the Defendant committed an indecent act by force on September 3, 2019, at the places described in the foregoing paragraph (1) at around 11:00, as indicated in the foregoing paragraph (1), and on the same manner as described in the foregoing paragraph (1), the Defendant committed an indecent act against the victim by force by making the victim sit down on the fit part of the victim who was seated on the table, cutting down the strings, cutting down the strings, cutting down the strings, and cutting down the strings under the above.

B. On September 11, 2019, the Defendant, at around 10:40 on September 11, 2019, committed an indecent act by force against the victim by making sure that the Defendant was seated on the table, such as the method described in the foregoing paragraph (1), and as indicated in the foregoing paragraph (1).

Summary of Evidence

1. Application of Acts and subordinate statutes to the police statement of the defendant concerning D's legal statement;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act selection of punishment, Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures and order to provide community service;