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(영문) 수원지방법원 성남지원 2020.01.14 2019고단1843
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who operates C with an office in Gyeonggi-si, Gwangju-si, and the victim D (the name, the age of 41) is an employee working in the above company.

1. 피고인은 2018. 9. 6. 10:00경 위 사무실에서, 피해자에게 마사지를 해 주겠다며 접근한 다음 거부하는 피해자의 말을 무시한 채 손으로 피해자의 귓불을 주무르는 방법으로 추행하였다.

2. On September 10, 2018, the Defendant committed an indecent act by taking the victim’s salphere and taking the victim’s salphere by disregarding the victim’s horses that he/she refuses after approaching the victim’s marina at the same place, namely, around 10:0, around September 1018.

3. On September 10, 2018, the Defendant committed an indecent act by taking charge of the victim’s bucks and mucks in his hand, disregarding the victim’s horses that the Defendant refused to approach the victim’s marina at the same place, which was around 10:00, mid- to 2018.

Accordingly, the Defendant committed an indecent act by force on three occasions against the victim under his/her protection and supervision through work or employment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Article 10(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15792, Oct. 16, 2018); the choice of imprisonment with labor and the choice of a sentence for a criminal offense

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. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration and submission of personal information under the main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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

The age of the defendant exempted from the disclosure order and notification order;

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