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(영문) 서울서부지방법원 2015.06.03 2014고단3494
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the Seoul Special Metropolitan City “D” Administrative Support Team leader, and the victim E (n, 24 years old) is an employee working at the above Administrative Support Team.

On September 7, 2014, the Defendant took a meeting with the employees of the company, including the victim, and went along with the victim, at a sloping house located in Eunpyeong-gu Seoul Metropolitan Government on which it is impossible to ascertain the trade name of the “G” and its neighboring areas. On September 7, 2014, at around 22:10 of the same day, the Defendant was faced with the 5 subway lines located in Gangseo-gu Seoul, Gangseo-gu, 164, in the direction of the victim’s house, and she was faced with the victim’s shoulder by hand, she was able to take the victim’s chests, forced the victim by hand, and forced the victim to take a left hand with the victim’s bridge.

The defendant continued to commit the above indecent act by the victim in the taxi without having been aware of the defendant's such indecent act, and forced the victim to escape together with another taxi at around 23:00 on the same day by stating that "I" is in the place of "I" where it is difficult to know the victim's address less than H in the Seocheon-gu, Seocheon-gu, Seocheon-gu, I will send it to the house" and then entered the above drinking house with the victim without any inevitable consent due to the defendant's occupational relation, and forced the victim to drink alcohol with the victim, and forced the victim to take advantage of the victim's identity toward the defendant, and try to take the bridge by getting the victim into the defendant, and try to walk up the victim's bridge.

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

2. Determination

A. The Defendant, as consistent from the investigative agency to this court, has consistently conducted physical contact with the victim, as described in the facts charged, with mutual agreement between the victim and the victim.

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