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(영문) 서울남부지방법원 2020.11.13 2020고단2784
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant is the team leader of the OOO Hospital Team located in Yeongdeungpo-gu Seoul Metropolitan Government who manages and supervises the U.S. affairs, such as the cleaning of hospital, and the victim C (n.e., the 53 years old) is the U.S. source of the above hospital and is under the management and supervision of the defendant.

1. On August 5, 2019, the Defendant: (a) around 09:00, around 09:00, at the sick room of the above hospital; (b) brought the victim under cleaning with his/her hand before and after the string of the string to the upper end of the victim’s arm’s length; and (c) brought the victim into the string of the string of the string.

2. On August 6, 2019, at around 09:00, the Defendant, at the same place as the above Paragraph 1, carried the strings by cutting the strings and cutting the strings in the same manner as that of the above Paragraph 1, and then carried the strings, etc. with the strings and strings of the victim.

3. On August 19, 2019, at around 09:00, the Defendant: (a) laid the string in front of the above hospital E; (b) laid down the string in the same manner as the above paragraph (1); and (c) laid down the strings of the victim’s strings with the strings of the strings; and (d) laid down the strings of the victim’s strings by hand with the strings

In addition, the Defendant committed an indecent act by force on the part of the victim under his protection and supervision on three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. Circumstances favorable to the reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities: It is difficult to view that the crime is recognized and the degree of indecent act is very serious;

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