(영문) 의정부지방법원 2017.01.24 2016노3012

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(영문) 의정부지방법원 2017.01.24 2016노3012

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The defendant's lectures to treat sexual assault for 40 hours.

Reasons

1. According to the evidence duly admitted and examined by the court below, the summary of the grounds for appeal (misunderstanding of the facts) is sufficiently recognized that the defendant committed an indecent act against the victim as stated in the facts charged.

2. Determination

A. The summary of the facts charged in the instant case is the representative of the entertainment planner, and the victim D (the age of 32) was employed by the entertainment planner operated by the Defendant, and the Defendant was willing to commit an indecent act against the victim by taking advantage of the status as the representative of the entertainment planner.

1) On March 29, 2014, the Defendant, along with the victim on March 29, 2014, had an agent, after drinking alcohol with the victim and let the victim drive the Defendant’s Bosch Rexroth car at the lower end of the said car, called “I would like to report to the victim once a stop,” and the victim’s chest by inserting hand in the victim’s clothes, and only bucks and bucks of the victim.

On the same day, the defendant continued to have arrived at the apartment that is the victim's residence in E at around 02:30 on the same day, and has been seated in the suspect behind the above apartment, and the victim "whether or not there has been an operation of breast,"

The term "to be confirmed" refers to "to be confirmed," and the fingers of the victim were stored in the inner part of the world and the brush.

Accordingly, the Defendant committed an indecent act by force against a victim under his/her protection and supervision due to his/her duties, employment or other relations.

2) On August 27, 2014, the Defendant: (a) around 13:00, at the G 4 sing room located in F, the Defendant: (b) “Before the broadcast was made, she must see the kid before the broadcast was made; and (c) she sing off the victim, she sing off the victim; and (d) she sing off the victim’s chest with both descendants, and her her her single with the victim’s chest.

As a result, the defendant is subject to his protection and supervision due to his duties, employment or other relationship.

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