성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
A defendant shall be punished by imprisonment for a term of one year and four months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
The Defendant is a person operating the “C Mart” in Daegu-gun Group B, and the victim D (n, 26 years of age) is a part-time employee working in the aforesaid Mart.
1. On September 21, 2017, at around 20:30 on September 21, 2017, the Defendant: (a) took care of the victim’s chests by inserting the victim’s desire; (b) taking the victim’s chests into consideration his body toward him; and (c) putting the victim’s chests toward him.
Then, Defendant 1 returned to the office and put the victim's hand back to his own panty, but the victim was not aware of his own sexual organ, and she got the victim's head toward her own sexual organ after taking the victim's sexual organ.
2. On the same day as Paragraph 1, the Defendant, at the same place as Paragraph 1, around 21:00, provided that the Defendant forced the victim to take a bath at the same place as Paragraph 1.
3. On the same day as Paragraph 1, the Defendant, at the same place as Paragraph 1, around 21:08, and at the same time at around 21:08, the Defendant forced the victim to take down his/her two arms by force, and had the victim fit his/her neck with his/her own hand.
Accordingly, the defendant committed an indecent act by force on the part of the victim who is protected and supervised by his work.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution with regard to D;
1. A criminal investigation report (a CCTV image analysis and attachment on which the scene of the crime was recorded) and CDs and photographs attached thereto;
1. Application of Acts and subordinate statutes to gene appraisal certificates;
1. Relevant Article 10 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes and Selection of Punishment, etc.
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Special cases concerning the punishment, etc. of sexual crimes committed by an order to notify;