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(영문) 부산지방법원 2020.10.21 2020고단945

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the director of the C-Site Co., Ltd. located in Busan Jin-gu, and the victim D (Nam, 27) is an employee employed and work together with the defendant, and the defendant is a supervisor in charge of the management of the victim.

1. Around 18:00 on January 15, 2019, the Defendant, while moving from the establishment of a new building in Ulsan-gu, Ulsan-gu, Busan-gu, Busan-do, to the FF subway G Station, she takes the left hand of the victim who sits in the front line in the vehicle of the Defendant, and she knee (e.g., “H and rice so as to be promptly cut once” and knee (knee) write down the victim’s left side.

2. On February 2, 2019: (a) around 11:00, the victim’s left hand that he/she sits in K in his/her top line in his/her car before the Busan East International subway Station: (b) on February 2, 2019; (c) the victim’s left hand that he/she was seated in his/her seat in his/her seat; (d) the victim’s “H” means the victim’s left-hand knee; and (e) the victim’s knee is rhne;

3. Around 01:00 on February 9, 2019, the term “L” Sheeted in K in Q, “L,” the victim “at the end of the period,” and the victim’s her her her her her her her her her her her her her her her her her her her herb

Accordingly, the defendant committed an indecent act by force against the victim under his business supervision.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes governing files for the contents of conversation;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Act on Criminal Crimes and the Selection of Punishment, etc.;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction against the defendant is finalized as to the facts constituting a crime on which he/she registers and submits personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and Article 59-3(1) of the Act on Welfare of Persons with Disabilities