(영문) 부산지방법원 2015. 10. 15. 선고 2015고단4415 판결[성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)][미간행]
Defendant
Lee Jae-soo (Court) (Court of Second Instance) (Court of Justice)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
The defendant shall be ordered to take 40 hours of sexual assault therapy and provide community service for 80 hours.
On April 1, 2015, the Defendant, as the representative of the occupation brokerage office of the ○○○○○○○○○○○○○○○○, published an employment advertisement for employees of mobile phone parts manufacturing business in the Internet “△△△△△△△△△△”.
At around 14:20 on April 29, 2015, the Defendant: (a) reported job offer advertisements to the third floor office of the above company’s third floor; (b) it is necessary to conduct physical search to employ the victim Nonindicted 2 (the victim Nonindicted 21 years of age); (c) the victim’s breast part and the negative part are confined to several times in hand, and (d) the hacking part of the victim’s breast part and the hacking part was put into the hacking part; and (d) the Defendant exceeded the clothes by making it false that the special drug should be tested, and the Defendant laid off the clothes, and found the victim’s chest and the hack part of the hacking part of the victim’s chest.
Accordingly, the defendant committed an indecent act by fraudulent means against a person under his supervision due to his duties, employment or other relations.
1. Defendant's legal statement;
1. The police statement of Nonindicted Party 2
1. A report on internal investigation (as to the attachment of the victim Non-Indicted 2’s Kakaoto dialogue on the victim’s non-indicted 2)
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment;
1. Suspension of execution;
Article 62 (1) of the Criminal Act (Taking into account that there is no other criminal record, except for those punished once as a fine due to a crime of reflectivity or a crime of dual species)
1. Order to attend lectures and community service;
Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
When this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued against the Defendant, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
Judges Don Sung-hwan