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(영문) 전주지방법원 2017.11.17 2017고단1770
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

A defendant shall be punished by imprisonment for 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 was the president of the redevelopment and rearrangement project association around C apartment complex from March 2015 to May 2017, and the victim D (V, 37 years of age) was a person under the supervision of the Defendant from November 2015 to March 2015.

On January 18, 2016, the Defendant kept the fire site of the next building through the office window at the above partnership office located on the second floor of the building E located in the Yasan-gu, Jeonju-si, Seoul, and tried to use the body of the victim by both arms following the victim who returned to the job.

Accordingly, the defendant committed an indecent act by force on a person under his protection and supervision due to his duties and employment relationship.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. A criminal investigation report (a note of the victim's submission and a transcript of recording);

1. Application of Acts and subordinate statutes to a camera or recording book;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order to Attend the Republic of Korea provides that the defendant has not taken any particular measure to recover damage due to unfavorable circumstances in sentencing.

The favorable circumstances include that the defendant recognizes the crime of this case, that the defendant is aged, and that the defendant is the first offender.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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