Defendant

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

However, with respect to the defendant B, it shall be for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A is the head of the hospital of “A hospital” in Gangnam-gu Seoul, and Defendant B is the doctor of the above hospital for the children of Defendant A, and the victim E (V, 37 years old) was the nurse of the above hospital from April 16, 2014 to February 17, 2015.

Defendants were able to commit an indecent act against the victim by force using the fact that the victim under their business supervision was unable to resist properly.

1. 피고인 A 피고인은 2015. 10. 하순 일자불상 오전 무렵 위 병원 주사 치료실에서 피해자에게 “주말 잘 보냈어 ”라고 말하면서 피해자의 겨드랑이 바로 아래 옆구리 부위를 손가락으로 쿡쿡 찌른 것을 비롯하여 그 무렵부터 2015. 11. 초순경까지 별지 범죄일람표(1) 기재와 같이 3회에 걸쳐 업무상 위력으로 피해자를 각 추행하였다.

2. Defendant B, at the above hospital clinic around the lower end of January 2016, explained the victim about the first-frequency treatment, and committed an indecent act against the victim by forcing the victim to spawn the victim’s interest by spawning the victim’s interest, and committing an indecent act by force on eight occasions from around that time to February 17, 2016, such as the list of crimes (2) as shown in the attached Table of Crimes (2).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to recording books;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Fines

B. Defendant B: Article 10(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment

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

1. Articles 70 (1) and 69 (2) (100,000 won a day) of the Criminal Act at the Nowon-gu;

1. Suspension of the execution (Defendant B) Article 62(1) of the Criminal Act ( considered as favorable reasons among the reasons for sentencing below).