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(영문) 수원지방법원 평택지원 2017.08.24 2017고단650
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a cleaning leader of the D Hospital located in Pyeongtaek-si C, and was engaged in the management and supervision of the victim E (V, 47 years of age) working as a cleaning employee of the said hospital.

1. On November 28, 2016, the Defendant informed the victim of the method of cleaning from the stairs of the fourth floor of the above hospital around November 28, 2016, the Defendant: (a) brought the victim in a double hand; (b) made the victim in an indecent act with the victim’s left chest.

2. On December 1, 2016, the Defendant committed an indecent act against the victim who was cleaning in the separate collection room of the above hospital on December 1, 2016, by taking the victim into consideration, and by committing an indecent act against the victim’s left face.

Accordingly, the defendant committed an indecent act by force on the part of the victim under the supervision of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of E;

1. Article 10 (1) of the relevant Act and special provisions concerning the punishment, etc. of sexual crimes selected in relation to the crime;

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

1. The crime of repeatedly committing an indecent act against a disabled victim on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture is not good;

The defendant was not an intentional indecent act.

I tried to reduce their responsibilities while defending for himself.

Punishment shall be determined concurrently by taking into consideration the circumstances, such as the fact that the defendant has no previous convictions, that there is an agreement with the victim, that health conditions, and that the economic situation is not good.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43

An order of disclosure or notification.

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