성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Criminal facts
On October 15, 2015, the defendant appealed from the Busan District Court after being sentenced to 6 months of imprisonment or 2 years of suspended execution due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is currently under trial at the appellate court.
The defendant, who operated a "D" vocational brokerage office in Kimhae-si, posted a job offer advertisement for recruitment of employees of mobile phone parts manufacturing business in the Internet Albaland, rice Luxembourg market, intersection, etc.
At around 11:00 on January 6, 2015, the Defendant committed an indecent act by deceptive means against the victims E (the age 19) who were found in the above job offer advertisement at the above "D office, by making it clear that he/she should take care of the protection clothes and measure the physical condition of the victim in order to work for the manufacturer of mobile phone parts, and by making the above victims take care of the victim, using the gate, and by inducing the above victims to move back the chest of the above victims, and by inducing the above victims, the Defendant committed an indecent act against the above victims by deceptive means. From that time to April 15, 2015, the Defendant committed an indecent act against the victims under the supervision of the Defendant due to work, employment, or other relations nine times in total, as shown in the list of crimes attached hereto, from that time until April 15, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol against E, F, G, H, I, J, K, L, or M;
1. Copies of the written application for membership;
1. Application of Acts and subordinate statutes to report criminal investigations (reports on previous convictions and attachment of written judgments);
1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;
1. Article 62-2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is subject to criminal punishment, other than once a fine is imposed.