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(영문) 서울동부지방법원 2019.01.10 2018고단3506

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is the representative of the entertainment planning company, and the victim B (the age of 23) was employed by the entertainment planning company operated by the defendant, and the defendant was willing to commit an indecent act against the victim by taking advantage of the status of the representative of the entertainment planning company.

At around 21:30 on June 24, 2017, the Defendant parked a vehicle in the mouth near the hotel located in Gangnam-gu Seoul Metropolitan City, and there is a talk that will be one-day problem, so I am flicker’s sentiment frightening the width. I am flicker’s mind so that I am flicker’s body is hicker, and am hicker’s arms, face, etc. is hicker and glicker’s body is hicker, and the street, etc. is blicker with the victim’s body, and the victim is hicker with the victim’s chest, and the victim’s body is flicker with the victim’s chest, and the victim’s body is flicker with each other.”

Accordingly, the defendant committed an indecent act by force on the part of the victim under the protection and supervision of the defendant due to his duties, employment and other relations.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. Application of Acts and subordinate statutes on the exclusive agreement;

1. Relevant Article on criminal facts and Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15792, Oct. 16, 2018);

1. Suspension of execution;