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(영문) 부산지방법원 2015.02.04 2014고단9216

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is the president of the “EM” store located in Busan Shipping Daegu D, and the victim F (n, 22 years old) is an employee of the above business establishment, and the Defendant is a person who protects and supervises the victim due to the business employment relationship.

1. On July 24, 2014, the Defendant committed an indecent act by force against the victim by using force, by using force, the victim who goes to work in the president’s office of “EM” at around 12:15.

2. At around 1:00 on the 30th of the same month, the Defendant: (a) 11:00 of the same month, she spared the victim who was working, and she spared the victim, and committed an indecent act by force by force against the victim on the rear side of the victim.

3. At around 20:30 on the 31st day of the same month, the Defendant, at the same place as the above Paragraph (1) of the same Article, “I wish to report, I have thought that I would do so,” and, at the same time, I am the victim’s am, and, even if the victim refused to do so, I am am her am, and her am her am her am, and her am her s

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the prosecution and police statement concerning F;

1. Relevant Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison 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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit the personal information

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, result and seriousness of the crime of this case, and the defendant's age, occupation, risk of recidivism.