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(영문) 대구지방법원서부지원 2020.08.27 2020고합124
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

A defendant shall be punished by imprisonment for one year.

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 was a person running the Internet B’s advertising agency for the Internet B in Daegu-gu, and the victim C (V, the age of 26) was an employee of the above business entity in a position that could affect the victim’s business, whether he/she works, etc. while protecting and supervising the victim in the course of business.

At around 13:55 on September 11, 2019, the Defendant, at the office of the above Internet Blog publicity agency, explained the effect of cosmetics as gifts to the victim, and explained the effect of cosmetics, the Defendant’s hand and the part of the victim’s hand and the arms were humped as flaped by the Defendant’s hand and suspension of the Defendant’s hand, and rhumd with the Defendant’s hand and humd with the Defendant’s hand.

In addition, the Defendant committed an indecent act by force on eight occasions in total, such as the list of crimes in the attached Table, between around that time and November 11, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written complaint, a penure, and a written statement;

1. Application of the Act and subordinate statutes to the investigation report (No. 32)

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in the case of concurrent crimes committed on September 18, 2019 with the largest penalty, the penalty applicable to concurrent crimes committed on the grounds of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Occupational Authority, etc.)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. An order of disclosure and notification;

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