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(영문) 수원지방법원 성남지원 2018.05.11 2017고단2611

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the head of the office working for the ‘D' grassland boom in Gwangju City, and the victim E (the age of 18) is the employee of the above boomed boom.

On March 13, 2017, the Defendant, at the “G convenience store” located in Gwangju City, around 03:00, the Defendant: (a) stated that the Defendant: (b) stated that “the son was kiscing the victim to commit an indecent act against the victim while drinking alcohol”; (c) rejected the victim’s kiscing, kiscing the victim’s face as ksck, kiscing the victim’s hand; (d) kiscing the victim into the victim’s left hand; and (e) kiscing the victim into the victim’s ksck, kiscing the victim’s kscam

Accordingly, the Defendant committed an indecent act by force on a person under his/her protection and supervision due to his/her duties, employment or other relations.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E and H respective legal statements (the defendant and his defense counsel did not refuse the victim at the time, so that kissk was forced to do so like ordinary times, but the victim did not have been forced to do indecent act as stated in the facts charged.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, (i) the credibility of the victim’s witness E’s statement is recognized as being consistent with the specific and important parts of the evidence; (ii) the victim’s mother witness H’s testimony also complies with the victim’s statement as he/she observed an indecent act by the Defendant; (iii) the Defendant is unable to accurately memory the situation at the time when he/she drinks in excess of his/her drinking quantity; and (iv) considering that the Defendant and the victim had minor slins with each other, even if he/she considered that there was a minor slins with one another between the Defendant and the victim, it was excessive above the ordinary level at the time as he/she acknowledged by the Defendant himself/herself; and (v)