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(영문) 서울서부지방법원 2016.04.22 2015고단2744

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a Canadian national who served as a professor in English at C University, and the victim D (n, 20 years of age) is a student who hears the defendant's lessons, and the defendant is in the position of protecting and supervising the victim in the course of duty.

At around 19:30 on June 13, 2015, the Defendant, at a 1214 office located in Mapo-gu Seoul National University building in Mapo-gu, Seoul, the Defendant, following the completion of the English culture test, talked about the results of the study to the victim D (the 20-year age), and opened as the above office, and showed the results of the interim examination (the 20-year age), and show the results of the interim examination (the 20-year age), after being fasted to the show side of the shock.

v. “I do not want to receive F credits” refers to “I do not want to receive the F credits,” and “I do not want to keep the victim’s her ambbbbbbbucks, with the victim’s her ambbb and her ambbbbbbbbs, etc. as if the victim raised the fishery grade, such as raising the answer.”

In this case, the victim was indecently committed by force on duty, such as defective personnel affairs, skiking the victim by skik, and kisk on the skis.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with regard to witness D;

1. Contents of H dialogue, stenographic records and a transcript of counseling;

1. The application of the statute to the video of CCTV CDs [the defendant and his defense counsel did not have committed an indecent act against the victim although they were the same time and place as the victim stated in the facts constituting the crime. However, according to the evidence duly adopted and examined by this court, the defendant committed an indecent act against the victim as stated in the above facts constituting the crime, and the materials submitted by the defendant and his defense counsel are not sufficient enough to the statement of the victim.]

1. Article 10 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes.