2015 Highest 857 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Occupational Defence, etc.)

corporation. (A) An indecent act in

A Operation of entertainment planning agencies

Residence

Reference domicile

Kim Jong-sung (Lawsuits) and Cho Jong-jin (Trial)

Law Firm O

Attorney in charge 100

October 21, 2016

The defendant is innocent.

The summary of this judgment shall be published.

1. Summary of the facts charged

The defendant is the representative of entertainment planning company and the victim B (the age of 32) is the family numbers employed by the entertainment planning company in the management of the defendant, and the defendant was willing to commit an indecent act against the victim by taking advantage of the status of the representative of entertainment planning company.

1. The Defendant: around 02 on March 29, 2014: around 00, the Defendant, together with the Victim, had a proxy engineer drink and drink the alcohol.

The driver's license for a high-person driver's license for a passenger car to the ○○-si discharge in which the victim's office is located.

At the back of the vehicle, the victim “I wish to report once a ditch” to the victim at the back of the vehicle.

Damage caused by putting his/her finger in the clothes of a victim, exposing his/her breast, and inserting his/her finger in the bend.

The Defendant continued to do so on the same day 02: 30 ○○○-dong around the same day.

The victim's residence, ○ apartment, arrives in the above apartment and sits in the next side of the apartment.

h The victim refers to "whether or not there has been an operation of breast," and "I am to see whether or not there has been an operation of breast."

In addition, the victim's chest was stored in the hands, and the victim's chest was turned.

As a result, the Defendant is subject to his protection and supervision due to his duties, employment or other relationships.

Indecent act against the victim by force.

2. On August 27, 2014, the Defendant: at around 00, at 00, at 00 ○○○○○-dong, a victim’s room 4 in ○○○○-dong.

“Before broadcasting contribution, we need to see her in the test, as we see the audience, and her mar, as we see the audience.

Bo L. L. L. L. L. L. L. L. ", L. L. L. L. L. L. L. L.

In other words, the victim's chest was her part of the victim's chest.

As a result, the Defendant is subject to his protection and supervision due to his duties, employment or other relationships.

Indecent act against the victim by force.

2. Determination

In order to find a guilty of the facts charged solely based on the victim’s statement, high probative value is required to the extent that there is no doubt as to the authenticity and accuracy of the statement. Determination of whether such probative value exists shall take into account not only the reasonableness, consistency, objective reasonableness of the victim’s statement itself, but also personal elements, such as the victim’s sexual intercourse (see Supreme Court Decision 201Do16413, May 10, 201).

According to the evidence duly adopted by this court and the examination of evidence, the victim took the attitude that the victim was committed with personal identification by the victim, such as the victim's telephone conversations, the victim's statement at the prosecution, testimony at the trial proceedings, etc. after submitting the written complaint, and the victim was committed an indecent act at the time of his/her musical act (hereinafter referred to as "indecent act"), and the victim was committed at the time of his/her musical act prior to the broadcast contribution and his/her singing practice (hereinafter referred to as "indecent act"). The victim was committed an indecent act at the time of his/her own indecent act, and the victim was committed an indecent act at the time of his/her own indecent act at the time of his/her own indecent act. The victim was strongly discriminated against the victim, such as the victim's telephone call to the effect that he/she want to return to the victim. This point was borne by the victim, and the victim was made against the other affiliated artist.

그런데 앞서의 증거에 의하면 , 피해자는 피고인의 연예기획사 소속 연습생이 되고서 ①추행을 당했다고 하면서도 그 후 피고인과 함께 군부대 행사 , ○○ 나이트클럽 행사 등을 하였고 2014 . 4 . 15 . 피고인 측 회사와 전속계약까지 체결한 사실 , 그 뒤 피해자 는 2014 . 4 . 29 . 피고인 , C과 함께 모임을 가졌는데 , 그 자리에서 C이 소속 가수는 대 표와 성관계를 해야 한다는 취지로 이야기하였고 , 이어진 자리에서 피고인이 피해자에 게 3년 전속계약을 했으니 3년 동안 자신과 사귀자고 하여 피해자가 거절하자 ' 트레이 너 , 매니저 아무도 붙여주지 않겠다 , 혼자 한 번 해보라 ' 고 한 사실 , 이에 피해자는 피 고인에게 장문의 카카오톡 문자메시지를 전송하였는데 , 그 내용에는 ' 당신은 지금까지 내가 만난 제작자 중에서 제일 무섭고 악랄한 사람이야 ' , ' 술자리에서 나한테 계약기간 동안만 사귀자는 말 그 말이 뭔데 ? 섹스하자는 말이잖아 ' , ' 안 사귈거면 너한테 혜택없 다 그 말 아니니 . 나는 창녀가 아니야 . 너 내가 다리 벌리고 몸 섞는 상상하지 ' 는 문구 가 포함되어 있는 사실 , 피해자는 위와 같은 메시지 내용에 대하여 피고인 측과의 전 속계약 관계를 종료하자는 뜻으로 ' 이판사판 ' 이었다는 취지로 설명한 사실 ( 증인신문조 서 24쪽 ) , 이에 대해서 피고인은 ' 이제까지 일 진행한 거 함부러 대한 적 없고 존중했 고 중간에 많이 부족한 거 아니 그만 화 풀어요 ' 라고 답을 한 사실 , 또 피해자는 2014 . 9 . 3 . 방송출연 이후 2014 . 9 . 26 . 피고인과 담당 ○○ 실장에게 ' 저 못하겠어요 ' 로 시 작하는 장문의 카카오톡 메시지를 다시 보내면서 앞서 2014 . 4 . 29 . 자 메시지와 같은 내용으로 보냈고 , 피고인은 이에 ' 이런 말을 들을 하등의 이유가 없어요 , ( 피해자가 ) 부 족하다거나 문제 있다고는 생각 안 해 봤어요 ' 라고 답을 한 사실 , 그 후 피해자는 2014 . 10 . 13 . 피고인을 이 사건으로 고소하였고 , 피고인은 2014 . 11 . 3 . 피해자에게 전 속계약 채무불이행을 이유로 한 손해배상을 구하는 내용증명을 보낸 사실 등을 인정할 수 있다 .

According to the above facts, the victim was forced to take any inconvenience and difficulties from the defendant to a certain degree in order to achieve a number of elbows. However, on April 29, 2014, when sending the Kakao Akaox message, the victim was mixed with the defendant, who is the representative of the affiliated company, with a considerable number of ombs that it is difficult for the defendant to easily conclude the exclusive relationship or to make it difficult for him/her to do so between men and women, and he/she did not know about the indecent act at all. In addition, on September 26, 2014, the victim did not make any mention about the indecent act, and on September 26, 2014, the victim did not make any mention about the indecent act, and on September 26, 2014, the victim and the son talked about himself/herself and the son did not provide convenience to him/her.

In addition, immediately after the victim made a statement that there was ① indecent act, the defendant asked that the trainee under his jurisdiction would be subject to death and injury. Unlike the statement made by the victim who committed an indecent act for a considerable time before his house, the defendant testified to the purport that the victim was not delayed for a long time, and the victim's leading nature revealed in the statement process or Kakakao Kakao Stockholm message was revealed, in addition, the victim's statement that the victim had not mentioned any mention about ① and ② indecent act before the victim's complaint against the male-gu or nearby fellow who promised marriage at the time, and the victim did not mention about the facts about the indecent act.

Furthermore, according to the evidence mentioned above, there is doubt as to whether the defendant's personal self-defense is a suspect of indecent act by compulsion, and whether the defendant's self-defense or ability of the person under command does not reach a usual speech and behavior, and the defendant's compensation for damages is mentioned, there is a doubt that the defendant's self-defense or ability is not a charge of indecent act by compulsion.

In the instant case where it is difficult to recognize the credibility of the victim’s statement, the only evidence concerning the charge of indecent act by force of the defendant, based on the above circumstances, it is difficult to recognize the defendant’s office of indecent act solely on the prosecutor’s evidence.

Thus, the facts charged of this case constitute a case where there is no proof of crime, and thus, acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment should be presented pursuant to Article 58(2) of the Criminal Act.

Judges Lee Dong-hwan