(영문) 청주지방법원 2013.7.5.선고 2012고합324 판결

Defendant shall be punished by a fine of 6,00,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

The defendant shall be ordered to complete 40 hours of sexual assault treatment program.

Reasons

Criminal facts

From October 1, 2007 to April 9, 2012, the Defendant was a person working as the director in charge of DNA test production, a company located in Ansan-si, Gyeonggi-do, and on November 14, 201, the Defendant was allowed to hold a meeting with the employees of the above company test team, including victims E (V, 18 years old).

1. On November 14, 201, the Defendant: (a) around 22:30 on November 14, 201, 201, at Ghop house located in F in Ansan-si in Gyeonggi-do, and (b) the employees participating in the meeting, who were sitting in the side of the vessel, by suggesting that the victim of one fishing vessel would get out of the alcohol, and (c) called “drawing why the victim would get out of the alcohol,” and (d) the victim’s her her her her am was changed one time with his her am.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. Around 00:00 on November 15, 201, the Defendant 201: (a) had the victim singing in the Hnoo room located in the Gyeonggi-do Ansan-si F, and (b) had the victim sing in his/her workplace and in his/her right to personnel management and supervision by taking advantage of the situation in which the victim’s active resistance is difficult to resist himself/herself; and (c) had the victim sing in his/her own and dancing with his/her hand.

Accordingly, the Defendant committed indecent act against the juvenile victim by force.

3. On November 15, 201, the Defendant: (a) around the convenience store located in the Gyeonggi-do F on November 15, 201, around 01, the Defendant: (b) was the victim’s workplace and the right of personnel management and supervision; (c) was using a situation in which the victim actively resisted and made it difficult for him/her to resist; and (d) took advantage of the situation in which the victim actively resisted, how he/she raised his/her fingers and lowered his/her fingers? The Defendant committed an indecent act against the victim, who is a juvenile, by force.

Summary of Evidence

1. Each legal statement of E, J, K, and L;

1. Each police statement of E, J, K, and L;

1. A complaint;

Application of Statutes

1. Article applicable to criminal facts;

Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) Article 7(3), Article 298 of the Criminal Act, Article 7(5) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11574, Dec. 18, 201; hereinafter the same shall apply), Article 7(5) and (3)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the largest offense)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Order to complete programs;

Registration of personal information of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Where a conviction on the instant criminal facts becomes final and conclusive, the Defendant constitutes a person subject to registration of personal information under Article 5(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 11556, Dec. 18, 2012) and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency

Judgment on the Defendant and defense counsel's argument

1. Summary of the defendant and defense counsel's assertion;

The Defendant did not commit any indecent act as indicated in the facts charged of the instant case against the victim, and in light of the details of the victim’s statement and the contents of the statement of the parties concerned, the victim’s statement is not reliable in light of the following: (a) the Defendant did not commit an indecent act as described in the facts charged of the instant case; (b) D

2. Determination

According to the evidence examined and adopted by this Court, the following circumstances are recognized:

(a) Relationship between the defendant and the victim;

D Co., Ltd. (hereinafter referred to as "D") is a semiconductor test company that manages its employees by dividing them into three groups (M, N, andO). The victim is one of the zero members, and the defendant has the authority to adjust the work volume and place work for the chief of the division in charge of the management of the above three groups. Each section consists of about 20 female members, and all of the management positions of the defendant are male.

(b) Details of the statement made by victims and related persons;

1) 판시 범죄사실 제1항에 관하여 피해자는 경찰에 제출한 고소장에서 '2차로 간 호프집에서 함께 건배를 하였는데 자신이 술을 마시지 않고 잔을 내려놓자 피고인이 왜 안마시냐고 하면서 엉덩이를 때 렸다.'고 기재하였고, 이와 관련하여 경찰에서 조사받을 당시 '2차로 간 호프집에서 다 같이 서서 건배를 하는데 피고인이 자신의 엉덩이를 손바닥으로 때리면서 왜 술 안마 시냐고 하였다. 몹시 당황하고 놀랐다. 수치스럽기도 했지만 부서에서 과장님(피고인) 이 제일 높으신 분이고 술을 드셨으니까 실수로 그랬을 것이라고 생각하면서 꾹 참았다. 자신이 화를 내면 분위기가 이상해질까 봐 참았다.'고 진술하였으며, 이 법정에서는 '회식 2차 자리에서 피고인이 모두 일어나서 건배를 하자고 해서 자신도 일어났는데 옆 자리에 앉아있던 피고인은 그냥 앉아 있었다. 그런데 자신이 건배만 하고 술을 마시지 않은 채 잔을 내려놓으니 피고인이 왜 안마시냐고 하면서 손으로 엉덩이를 한 번 때렸다.'고 진술하여 피해사실에 관하여 전체적으로 일관된 진술을 하였다.

On this issue, K consistently and consistent at the time when the police was examined by the police and at this court, "the defendant took place in the second heading house, and the victim was her seated next, and said that he was her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with the victim's her her her her her her her her her her her her her her her her.

The victim’s statement and K’s statement are different solely on the ground that the victim’s statement differs from the victim’s statement whether the Defendant was seated between the victim’s her her her her her her her her her her her her her her son

On the other hand, JP made a statement that the Defendant did not see the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her at the time. However, in light of the fact that J and L did not have any special circumstances that the Defendant could not her her her her her her her own her her her her her her

2) As to the facts of the crime in the judgment, the victim stated that the defendant and the non-fresh(s) were able to see the "non-fresh(s)" at a three-lane singing room which was submitted to the police. In this regard, at the time of the police investigation, the victim stated that "at the three-lane singing room, at the time of the investigation, the defendant did not put his own title in a five-lane singing, and carried his hand in a one hand and carried his hand with the other hand. Although other female employees did not want to sing and singing, the victim did not want to do so. In this court, the victim stated that the victim was able to come in a three-lane singing room and come in a three-lane singing room." In this court, the victim stated that "at the time she sit in a singing room, she was able to come in a three-lane singing room and come in a consistent manner to see the remainder of the defendant's body while playing in a consistent manner."

In addition, at the time of the investigation by the police, the J stated that the defendant 's "at the time of the investigation by the police, the defendant 's hand sing the victim's hand, singing the victim's hand, drinking the victim', drinking the victim's face back to her face, and sing the victim's face. The defendant stated that "at the same time as mixed, sing the victim again, sing the victim into the victim again, and sing the victim again." In this court, the defendant made a statement that 's statement was close to her face, sing the victim's face, and sing the victim's face even though she got back to her face even though she was sing back. The defendant continued to sing the victim by singing, and sing the victim into the next part of singing, leaving the victim into the sing, and singing the victim's face, thereby complying with the statement of the victim's statement.

On the other hand, L, which had been in singing with the victim and J, stated that the defendant did not see the victim's dancing. However, it appears that more than 10 persons at the time, she had an atmosphere that they see the victim's situation by drinking alcohol, drinking, dancing, etc., and that it was difficult for the defendant to accurately witness the victim's situation. However, it is difficult to reject the credibility of L's statement by the victim and the J merely because L did not directly witness the defendant's efforts to attract and dance the victim (K was the most important part of the telephone at the time, and therefore, it was stated that the situation of the singing speech was not deemed to be the situation).

3) As to the crime of paragraph 3 of the judgment, the victim stated that "I will see how I would see that I would see that I would see that I would like to go to a dormitory because I would see that I would like to go to the defendant while I would like to go to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her.

L also stated to the effect that L was consistent at the time when the police was investigated and on the way that the Defendant and the victim got back to the dormitory after the meeting is completed, and that he was 2-3 meters earlier than himself, but the Defendant was able to raise his losses on the shoulder of the victim and that the victim was only her. The victim later stated to the effect that the victim and the defendant would be able to get his losses on the shoulder, and that this is consistent with the victim's statement.

On the other hand, the Defendant also acknowledged the fact that he took the hand on the part of the victim's shoulder on the way that he returns to a dormitory after the meeting is completed (However, if the Defendant satise the victim's shoulder while doing so, then he commits sexual indecent act, and if he does so, he would make another person report his act. However, considering the relationship, age difference between the Defendant and the victim's workplace, the physical part of the victim's contact with the Defendant, etc., it is difficult to readily understand that the Defendant made the above talks with the victim that was not in close friendly relationship, and even if the Defendant made the above speech, such behavior or speech itself may cause sexual humiliation or aversion when viewed as the victim's position).

C. Circumstances of the instant complaint

On April 3, 2012, five months after the date of the occurrence of this case, the victim filed a complaint against the defendant (the victim specified the date and time of damage on October 1, 201 in the complaint, but in this regard, stated that the victim was forced to commit an indecent act on or around October 201 in the complaint in this court was unable to memory the date, and that the date was confirmed as of the date and seen as of November 14, 201.).

With respect to the circumstances in which the complaint was delayed, the victim stated that "At the time of the instant case, the victim did not want to have the container that was known at the time of the instant case and that he did not want to be disturbed, but did not first asked whether there was an indecent act in the company, and that the Defendant was aware that there was an indecent act, as well as other members." In this regard, D's directors asked the president of the external manpower company that supplied human resources to the company at early March 2012, 201 that D's female employees were sexual assault victims, and the president of the external manpower company that supplied the company to the company at early March 2012, the victim asked D's employees to look at the victim's sexual assault, and then, during the process of meeting the entire employees, the victim asked the employees to be informed of the sexual assault, including the case, during which the victim had been exposed, and then asked them to the entire employees to resign from the disciplinary procedure.

On the other hand, there is no circumstance to regard the defendant as not having good relations with the company at the time of the internal investigation of D on the instant case. Rather, P statements that the defendant was an excellent employee in terms of business, and there is no special circumstance to file a false complaint or give testimony against the defendant despite being sufficiently aware that the victim could have a liability for the crime of false accusation and perjury if the details of complaint or testimony are false (the victim was retired on January 30, 2012 after the date two months have elapsed since the crime of the instant case was committed, and then returned to the victim on June 18, 2012. After the victim voluntarily withdrawn from the company, the victim asked the victim that the victim would have failed to appear with the other company to report his/her reason for withdrawal, and there is no inconvenience in other companies to request the victim to return to the company after the dismissal of the defendant, and there are several employees again retired from D, other than the victim, the victim cannot be viewed as refusing to report the defendant's disciplinary action against the victim in response to the defendant's complaint.

D. Sub-determination

In full view of the above circumstances, since credibility is recognized in the statement of the victim, the defendant can be recognized as committing an indecent act against the victim, as stated in each of the facts charged in this case.

The reason for sentencing is that the defendant does not appear to reflect while disputing each of the crimes in this case, and that there is no agreement with the victim, etc. are disadvantageous to the defendant.

However, all of the crimes of this case were contingent at the place of a meeting within the department or immediately after it remains in the atmosphere, and the degree of force exercised by the victim or the degree of indecent act is minor. The victim was a juvenile under the Act on the Protection of Children and Juveniles against Sexual Abuse at the time of committing the crime of this case, but it was difficult for the victim to reach the age of 19 at the time of committing the crime, but was employed as a regular employee at the time of committing the crime, and was engaged in the same work together with other adult workers, and was living in the same way as other employees, such as drinking, and there was no history of punishment except that the defendant did not have been punished for the same crime and was sentenced once by a fine due to the violation of the Road Traffic Act.

Therefore, the above circumstances are determined as ordered in consideration of various sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, family relationship, motive and circumstances after the crime, etc.

Disclosure Order and Exemption from Notice Order

Since the defendant is sentenced to a fine, the disclosure and notification order shall be exempted in accordance with the proviso to Article 38 (1) and the proviso to Article 38-2 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.

Judges

The judges of the presiding judge;

Judges Lee Jae-sung

Judges Park Jong-won

Note tin

1) Rules on the indictment and the name of a crime to be stated in a non-prosecution, in which the prosecutor had enforced at the time of instituting the instant public prosecution ( October 15, 2012) (No. 2012).

20. To state a name of the crime recognized under the Inspection Regulations (No. 597).

2) Article 2 subparag. 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse refers to a person under 19 years of age, provided that the person is 19 years of age;

The victim was born in April 1994 and committed the crime of this case.

From a day to a day, it became no longer a juvenile subject to protection of the law.

심급 사건

청주지방법원 2013.7.5.선고 2012고합324

-대전고등법원 청주재판부 2014.5.1.선고 2013노102

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