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(영문) 의정부지방법원 고양지원 2018.06.07 2017고단3448
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 was a police official belonging to the Gyeonggi-do Police Agency B, who served as the C District commander from January 27, 2016, and the victim D (32,00) was a police officer belonging to the same district unit, and was instructed and supervised by the Defendant on duty as a police officer belonging to the same district unit.

1. On April 20, 2016, the Defendant: (a) attended the meeting ceremony of the patrol team at “F cafeteria” located in E around a short time on April 20, 2016; and (b) attended the meeting of the patrol team and talk with the victim while talking with the victim, the Defendant was able to write down the victim’s bucks.

Accordingly, the defendant committed an indecent act by force against the victim under his supervision through work or employment relationship.

2. On January 17, 2017, the Defendant: (a) was committing a crime in a H restaurant located in G around January 17, 2017; (b) wanting to concentrate on the police candidate examination; and (c) expressed his/her intention to retire and consulted the said victim on his/her leave; (d) while drinking alcohol to a two-lane restaurant near the said restaurant and drinking alcohol to the said restaurant on the ground that he/she would drink and want to concentrate on the police candidate examination; and (e) expressed his/her intention to retire, and (e) consulted the said victim on his/her leave.

The victim’s face was rhyd by repeating “the victim’s face, the victim’s hand was taken, and the buckbucks came out.

Accordingly, the defendant committed an indecent act by force against the victim under his supervision through work or employment relationship.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in the protocol of prosecutor's statement concerning D;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant, who committed an indecent act on two occasions against the victim who is his subordinate employee, was denied at the police and the prosecutor’s investigation stage, and the Defendant appeared to have made a confession and rebuttal at the latest before the court.

The defendant.

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