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(영문) 서울서부지방법원 2016.09.23 2016고단636

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

From early March 2014 to the end of January 2016, the Defendant is a person in charge of the duties of the above service center while working as a deputy head at the “E” service center (F) located in Gangnam-gu Seoul Metropolitan Government (hereinafter “E”), and the victim G (23 years old) is a new employee in early 2015, and is a person in charge of the duties of support while working in the above service center, the Yongsan-gu, and the medical service center.

At around 11:40 on April 14, 2015, the Defendant: (a) 2nd floor of the above service center office; (b) in the position where the Defendant received occupational instructions from the Defendant who has overall control over the duties of the above service center; (c) hump the victim unable to resist against the Defendant; and (d) humpbucks around the victim’s chest and buckbucks by hand, in addition to the number of times, the Defendant became physically physically ill of the victim five times in total from around that time to January 21, 2016, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant committed an indecent act by force against the victim who was protected and supervised by his work.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on police statements made to G and H

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

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

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing shall be considered as favorable circumstances, etc. in the light of the importance of sentencing):

4. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against a person attending a lecture;

1. Unfavorable circumstances: A large frequency of crimes and the degree of indecent conduct, etc. is serious;

1. favorable circumstances: The defendant's age, sex, environment, relationship with the victim, motive, means, and consequence of the crime, such as the fact that the defendant recognized a mistake, that is the first offender without any previous conviction, that the defendant sought a letter to the victim and provided the victim with KRW 15 million, and that the victim does not want the punishment of the defendant.