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(영문) 서울중앙지방법원 2016.04.08 2015고단4572
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of D Newspaper in Gwanak-gu in Seoul Special Metropolitan City, and the victim E (V, 26 years old) was the victim E from August 2014 to the first patrol officer in September 2014, and the victim F (V, 27 years old) was the victim F from August 13, 2014 to the lower patrol officer in August 2014.

1. On August 11, 2014, the Defendant gave the victim F, who had interviewd at the above D newspaper company office, to a passenger car of the Defendant, had the victim board the Defendant on the steering boat, and had the victim take the seat of the Defendant, and then only buckbucks of the victim, who suffered a shorter buck with his hand during subway 2, committed an indecent act by force.

2. On August 14, 2014, when the Defendant informed the victim E of the method of making additional public announcement on the Internet website to recruit employees at the above D newspaper company office, the Defendant was able to sit again in the victim’s seat with his/her hand to make a report on the contents of the newspaper company around August 26, 2014. On the other hand, the Defendant committed indecent act by force against the victim’s her son who is under his/her protection and supervision due to employment relationship by putting the victim’s son’s son on his/her hand.

3. At around 10:00 on August 19, 2014, the Defendant committed an indecent act by force against the victim F, who was under the direction of the Defendant, following the victim F, who arranged a site on his/her book at the above D newspaper office, in accordance with the direction of the Defendant, and led the victim, who was under his/her protection and supervision due to employment relationship, by both descendants.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement made by the prosecution against E;

1. Preparation and report of a record book, and application of Acts and subordinate statutes to records of investigation into telephone conversations of the F;

1. Article 298 of the Criminal Act of the same Act concerning criminal facts (the point of compulsory indecent act) and Article 10 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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