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(영문) 서울중앙지방법원 2014.04.30 2013고단7926
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is the director of the Dsung division located in Gangnam-gu Seoul Metropolitan Government, and the victim E (n, 26 years of age) is a person who works as the head of the counseling office with the above sexual outdoor division.

On July 23, 2013, the Defendant: (a) carried out a foreign business trip to perform a surgery at the F Sungcheon-si, the Defendant: (b) carried the victim on his/her own vehicle; and (c) completed a foreign business trip, and (d) carried the victim on his/her own vehicle; and (c) carried the alcohol and food with the head and employees of the Fsung Foreign Department and the head and employees of the 19:00.

After the end of the meeting, the Defendant: (a) while the Defendant was carrying the victim on his own vehicle and returned to the ducheon River near the said vehicle, intending to get out of the victim while moving the vehicle to another place and repeating similar acts while moving the victim to the other place while driving the vehicle; (b) the victim in the moving vehicle, stating, such as “the chief of the office shall frighten the victim,” “kid the head of the office,” “kiding the victim,” and “doing the pet,” and led the victim several times by suppressing the victim’s restraint by force; and (c) the vehicle stopped, in the situation where the vehicle stops, she returned the body and put the victim in hand into the clothes of the victim, and her chest was frightd by the victim.

Accordingly, the Defendant committed an indecent act against the victim by force on business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of each police statement of E;

1. A complaint;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

1. The defendant at the time of judgment on the assertion of the defendant and his defense counsel under Article 62-2 of the Criminal Act, Article 16(2) through (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, although the defendant stated that "the chief of the office shall bring the victim to a friendly manner" and "the head of the office shall bring the victim to a friendly manner", there is no other word "the head of the office

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