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(영문) 인천지방법원 2012.10.18 2012고단3995

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims C (Indecent Act on the Abuse of Occupational Authority, etc.) was committed by the Defendant, as the head of the general team of the personnel affairs and management of the hotel in Jung-gu Incheon Metropolitan City D D, on January 9, 2012, the Defendant: (a) induced the victim C (in female, 22 years of age) to the above guest room, who is an employee of the workplace, at the above hotel 201 hotel, he/she used as a lodging house on January 9, 2012; and (b) humd him/herself on the ground that he/she had an end in the company’s business; (c) humd him/herself

Accordingly, the Defendant committed an indecent act by force against the victim under his protection and supervision due to his duties, etc.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims E (Indecent Act in Occupational Authority, etc.);

A. On January 31, 2012, the Defendant, as the head of the general team in charge of the personnel affairs and the overall team of the hotel in Jung-gu Incheon, Jung-gu, Incheon, the Defendant, at around 17:55 on January 31, 2012, induced the victims E (V) to the above guest room, a female employee of the workplace, at the guest room 201, he/she was using as the guest room in the above hotel, and led him/her to her as close as possible and her.

Accordingly, the Defendant committed an indecent act by force against the victim under his protection and supervision due to his duties, etc.

B. On February 3, 2012, the Defendant: (a) around 16:30 on February 3, 2012, the Defendant: (b) induced the victim E (in female, 29 years of age) from the guest room No. 201 of the above hotel around February 3, 2012 to a doping system; (c) induced the female’s face; and (d) added his/her hand.

Accordingly, the Defendant committed an indecent act by force against the victim under his protection and supervision due to his duties, etc.

C. On February 6, 2012, the Defendant, at around 19:30, around February 6, 2012, at the hotel office located on the first floor of the above hotel, opened the body for the victim E (n, 29 years old) and added the victim’s losses.

Accordingly, the defendant is subject to his protection and supervision due to his duties, etc.