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(영문) 대구지방법원 2014.10.23 2014고단4254
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등
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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From July 16, 2014, the victim C (the age of 22) committed an act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Abuse of Occupational Authority, etc.) at a entertainment room with the trade name “E Gameland” operated by the Defendant of the Daegu-gu D2nd floor from July 16, 2014.

At around 11:00 on July 16, 2014, the Defendant: (a) explained the details of the business to the victim within the said entertainment room, and (b) took up and rhumbbucks inside the victim’s bucks, and committed indecent acts by force against the victim under the supervision of his/her employment relationship.

B. At around 10:00 on the 17th of the same month, the Defendant committed an indecent act by force against the victim, who was under supervision due to work and employment relations, by using approximately four duckbucks inside the victim’s bucks.

2. 폭행 피고인은 2014. 7. 22. 22:00경 위 오락실 내에서 피해자에게 “카운터에 서 있지 마라.”고 말하였다가 피해자로부터 "제가 뭘 잘못했냐."며 따지는 말을 듣자 화가 나 오른손으로 피해자의 머리를 1회 밀어 피해자를 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to investigation reports (the contents of text messages sent to the victim by a suspect);

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which shall be applicable to the relevant criminal facts and the choice of punishment, and Article 260 (1) of the Criminal Act (the occupation of violence and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Crimes committed by the Defendant has caused the victim, who is a part-time student, to feel a sense of sexual humiliation by multiple times, and has yet to agree with the victim.

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