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(영문) 대구지방법원 2015.04.07 2014고단5626
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

1. The defendant shall be punished by imprisonment for six months;

2. The case where it is necessary for the accused to prevent recidivism of sexual assault for 40 hours.

Reasons

Punishment of the crime

The Defendant is the operator and victim E of the “D Real Estate Brokerage Office” located in Daegu-gu, Daegu-gu, and the said real estate brokerage office is a person working as a broker and assistant in the said real estate brokerage office.

1. On May 1, 2014, the Defendant committed an indecent act by force against the victim under his/her own protection and supervision due to business relations, by reporting the victim, who was stopped in front of the mutual convenience store located in the Dong-gu, Daegu-gu, Daegu-gu, on his/her seat, and making him/her use of his/her clothes with his/her hand, etc., in order to use the victim’s left chest in his/her clothes.

2. On June 1, 2014, the Defendant committed an indecent act by force against the victim, who was able to sit and work in the “D Real Estate Brokerage Office” office operated by the Defendant on the first and second day of June, 2014, following the victim’s right right side of the victim’s hand, and who was subject to his protection and supervision due to business relations.

3. On June 6, 2014, the Defendant committed an indecent act by force against the victim under his/her own protection and supervision due to his/her duty relationship by making the victim under the influence of the Defendant, who was operating a road located in the Dododododo-dong, Daegu-gu, Daegu-dong-dong on his/her first half of the year, coming to the lower part of the victim who was seated in the Do-dong-dong car.

4. At around 13:00 to 14:00 on June 2014, the Defendant discovered a victim who stays within the “D Real Estate Brokerage Office” office operated by the Defendant and committed an indecent act by force against the victim who was under his/her own protection and supervision due to his/her business relationship by saying, “The Defendant is adequate to obtain the victim’s consent, and only he/she takes it out.”

Summary of Evidence

1. Statement made by witnesses E in the second protocol of the trial;

1. Recording notes and written opinions;

1. Application of the Acts and subordinate statutes governing brokerage office registration;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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