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(영문) 광주지방법원 목포지원 2020.06.12 2019고단1086
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

A defendant shall be punished by imprisonment for six 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

The defendant is the representative of C in B and B, and the victim D (n, 24 years old) is an employee in charge of accounting of the above C, and the defendant is in a relationship that protects and supervises the victim on duty.

On August 8, 2019, at the above C Office around 16:30 on August 16:30, 2019, the Defendant made the victim look at the Defendant’s Internet data, and made the victim look at the Defendant’s seat, and kneeeeee, knee, knee, knee, and knee, knee, knee, knee, kne, and knee, knee, kne, knee, kne, kne, kne, kne,

Accordingly, the defendant committed an indecent act by force against the victim under his occupational protection and supervision.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Act and subordinate statutes governing the field photographs, text messages, and 112 Reporting Cases Handling Reports;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Penalties against Criminal Crimes;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction on the criminal facts stated in the judgment on special cases concerning the punishment, etc. of sexual assault crimes becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same Act

Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is to be comprehensively considered in light of the defendant's age, occupation, risk of recidivism, motive for the crime of this case, method of crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure notification order and employment restriction order, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, the effect of protecting the victim, etc.

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