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(영문) 서울동부지방법원 2013.05.09 2012고단2999

성폭력범죄의처벌및피해자보호등에관한법률위반(업무상위력등에의한추행)

Text

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

Reasons

Criminal facts

Defendant is a person who served as the president of an E organization in charge of affairs such as management of Internet address resources, response to infringement, protection of personal information, establishment of policies, etc., and victim F (Age 31) is an employee of the E organization, who has served as the president of the G team and has served as the staff of the E organization and has served as a person who has served as the president of the group and has served as the head of each department

1. On June 15, 2012, the Defendant, at the 17th floor office of E organization I located in Songpa-gu Seoul, Songpa-gu, Seoul, talked about the issues concerning the victim, trade union and the front day, and the victim tried to use the victim for his own two arms.

2. Next, the Defendant, at around 14:10 on the same day, laid the victim into the office, she spared the victim with his/her two arms, and she spared the victim with his/her back part of the lower part.

Accordingly, the Defendant committed an indecent act by force against a victim under his/her protection and supervision due to his/her business and employment relationship two times as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Results of verification of voice recording files in the mobile phone of this court;

1. Application of Acts and subordinate statutes to the accused each part of the protocol of interrogation of suspect to the prosecution (including the F part of the statement);

1. It is reasonable to view that the act of indecent act under Article 10(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes with Respect to the crime was committed by the first indecent act in the same manner as the first indecent act at the time connected under the single criminal intent as a whole, and that the two acts constitute only one crime as a whole.

1. The defendant guilty of the proviso to Article 37(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose his/her personal information (no personal information shall be disclosed via an information and communications network, taking into account the initial crime) and the first act (Article 37(1) of the Act on Special Cases concerning the