beta
(영문) 광주지방법원 2018.10.24 2018고단601

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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.

Reasons

Punishment of the crime

The Defendant is a planning director of the “D” travel agency in Gwangju Northern-gu, and the victim E (V, 23 years old) is a new member of the counseling office working for the above travel agency.

The Defendant, on September 25, 2017, from around 23:50 to around 00:10 the following day, Gaing rooms 3 in Nam-gu, Gwangju, Nam-gu, and singing to the victim who sits in a sofa, and sing in a sofac.

I would like to inform sing.

"I" and "I am back to the victim, I am back to the victim, and I am back to the victim's next to it, and I am back to the victim. I am back to the victim.

The victim shall not be free from the face of the victim.

“To the end, the Defendant wishes to inform the victim of the “sing properly.”

” 고 말하면서 오른손으로 피해자의 왼쪽 허벅지와 엉덩이, 등을 쓰다듬고 “ 눈이 똘망똘망하다. 너무 착하다.

The term “the victim’s left return to the victim’s hand” and the victim’s left return to the victim.

As a result, the Defendant committed an indecent act by force against the victimized person under his/her protection and supervision due to his/her duties, employment or other relationship.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the protocol of examination of witness to E by this court;

1. Article 10(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the former Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15792, Oct. 16, 2018); the selection of a sentence of imprisonment, etc.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes - favorable circumstances: The defendant's mistake is recognized; the defendant has no record of punishment for the same kind of crime; the defendant has agreed with the victim; the defendant has committed an indecent act against the employee he/she supervises; where the conviction of the defendant against the criminal facts stated in the judgment that he/she should register personal information and submit personal information becomes final and conclusive, the defendant is subject to Article 42(1) of the Act on Special Cases