beta
(영문) 대구지방법원 김천지원 2019.05.22 2018고단1091

강제추행등

Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person who manages day-time work in the Gu-U.S. “C” located in the Gu-Si B operated by the Defendant’s children, and the victim D(the age of 39) was employed from March 31, 2018 to April 8, 2018.

As an opportunity to work with the victim during working hours, the Defendant: (a) made a sexual scam to the victim within a physical distance close to the victim under the pretext of guiding the victim’s work; and (b) made physical contact with the victim, such as her her scam, her hand, etc.; (c) did not explicitly indicate her intention of refusal because the victim was employed in the above restaurant; and (d) committed an indecent act against the victim by using such circumstance.

피고인은 2018. 4. 1. 09:00경부터 21:00경까지 사이에 위 식당 주방에서, 주방 밖으로 나가려는 피해자의 양손을 갑자기 잡아 끌어당기고, 이에 피해자가 “뭐 하시는 거예요”라고 말하며 피고인의 손을 뿌리치자 “손이 너무 거칠다. 한 번만 만져보자. 속살은 하얗겠네”라고 말하고, 잠시 후 식당 일을 알려주겠다며 피해자를 주방 안쪽으로 부른 뒤 “앞으로 잘해보자”라고 말하며 손바닥으로 피해자의 엉덩이를 쳐 추행하였다.

The Defendant, as above, committed an indecent act against the victim, from that time until April 3, 2018, committed an indecent act against the victim, who is a person under his/her supervision due to business relations eight times in total, and committed an indecent act by force against the victim once.

2. The injured Defendant: (a) around 10:30 on September 19, 2018, on the ground that the Victim E (V, 48 years old) who is an employee, took care of the Victim; (b) the Victim E (V, 38 years old), took care of the Victim; and (c) the Defendant took care of the Victim.