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(영문) 부산지방법원 2013.11.06 2013고단4531

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

1. Defendant B shall be punished by imprisonment for six months;

2. Defendant A shall be acquitted. 3. The summary of the judgment against Defendant A shall be published.

Reasons

Punishment of the crime

Defendant

B is a person who is in office as the director of the "F" company located in Busan Seo-gu, and the victim G (V, the age of 22) is a person who entered the above company on October 7, 2012 and retired from March 28, 2013.

1. On January 1, 2013, at around 13:00, Defendant B found the victim who is easy to marbly in the store room of the company "F", Defendant B was able to have approximately one minute of the victim while she was able to have the victim her her body in the body of the body of the victim.

Accordingly, the Defendant committed indecent acts against the victim under his supervision due to business relations by force.

2. On February 2, 2013, the Defendant discovered the victim who copied in the office of the company's "F" company located in Busan S.M., Busan S., the Defendant sought to leave the victim's clothes even though the victim does not want to do so.

Accordingly, the Defendant committed indecent acts against the victim under his supervision due to business relations by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to each investigation report (the change of victim's cot and crime date);

1. Article 10 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) under the relevant provision on criminal facts;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, in relation to the criminal facts of Article 37 (former part), Article 38 (1) 2, and Article 50 (1) 2 of the Criminal Act as well as the defendant B and the defense counsel's assertion, it is argued that in relation to the criminal facts of Article 1 of the judgment as to the concurrent crimes, when the workplace partner and the victim talks, they merely include the sale of the victim's shoulder, and that the victim who copied as to the criminal facts of Article 2 of the judgment did

The following circumstances, which are acknowledged by each evidence of the judgment, and ① in relation to the crime committed in the middle of January 2013, the defendant was sparing the victim.