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(영문) 수원지방법원 성남지원 2018.06.29 2018고단225

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the indecent act committed on September 10, 2017 at around 19:10.

Reasons

Punishment of the crime

The Defendant is the E 8th floor “F” store in Sungnam-si, Sungnam-si, E, and the victim G (a name, female, 35 years old) is an employee of the above store.

On September 15, 2017, around 15:3, 2017, the Defendant: (a) seated in a skek in the F store; (b) sealed the victim’s scam with his hand; (c) covered the victim’s scam with his hand; and (d) sealed the victim’s scam with his hand.

The Defendant continued to engage in the business of the victim, stating that “I am flick in the night,” and assaulted the victim, such as taking the victim’s neck by hand and scaming and scaming the face with hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of witness G;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Part not related to a crime under Article 59 (1) of the Criminal Act (a punishment to suspend sentence: a fine of 500,000 won per day, detention in a workhouse: 100,000 won per day) (affirmative considering the following: (a) the Defendant is a primary offender; (b) the confession of the instant crime; and (c) the fact that the Defendant’s act against the victim was not in a violent form; and (d) some of the circumstances are considered in the course of the crime

1. The summary of the facts charged is the E-8 E’F store in Seongbuk-gu, Sungnam-si (hereinafter “instant store”). The victim G (the 35 years of age) was an employee of the said store under command and supervision in relation to the business of sale, delivery, etc., and committed indecent act by force on the part of the victimized person under direction and supervision due to employment relationship on two occasions as follows.

A. On September 10, 2017, the Defendant’s indecent act (main facts charged; hereinafter “part of the charges”) around 15:33 around September 10, 2017 (hereinafter “F”) is a thing that the Defendant sits in a ske and delivers to the customer of the said “F” store on September 15:33, 2017.