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(영문) 인천지방법원 2017.06.15 2017고단1164
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the deputy head of the "D" restaurant in the Nam-gu Incheon Metropolitan City, and the victim E (n, 18 years of age) was employed by the above restaurant from July 20, 2016 to work.

person is a person.

1. On November 8, 2016, around 23:30 on November 23:30, 2016, the Defendant: (a) took one hand from walking along the way near the Southern-dong, Incheon; (b) taken the victim’s right shoulder; and (c) taken the victim’s left shoulder by other hand.

Accordingly, the defendant committed an indecent act by force against the victim under the supervision of the defendant due to the employment relationship.

2. On November 11, 2016, at around 00:0, the Defendant: (a) sited in a mutual influorial singing room located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; and (b) came up with the victim by hand on several occasions; and (c) brought up the victim three times through around three occasions.

Accordingly, the defendant committed an indecent act by force against the victim under the supervision of the defendant due to the employment relationship.

3. On November 19, 2016, the Defendant, in the above restaurant, changed the victim to the front part of the fungererer, where the Defendant was the Defendant, and met the victim’s right bridge by both hand, and divided the victim’s arms, where the victim was living together with the victim who was living in the main part, into his/her hand, and the victim’s shouldered both.

Accordingly, the defendant committed an indecent act by force against the victim under the supervision of the defendant due to the employment relationship.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of E;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The number of victims falling under the reasons for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes is various.

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