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(영문) 의정부지방법원 고양지원 2018.05.17 2018고단683
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

From January 1, 2014, the Defendant: (a) was located in the F G (referred to as “this store”); (b) the victim H (V, 19 years of age) was an employee of the store; (c) the H was a part-time employee from the lower police officer to August 20, 2017; and (d) from August 21, 2017, the Defendant was working as a part-time employee; and (c) from around August 21, 2017, the Defendant was suspended from office.

1. At around 09:30 on October 17, 2017, the Defendant: (a) committed an indecent act by force against a victim under his/her own protection and supervision due to his/her duty, employment, or other relationship by asking the victim’s face to the victim who was seated on a computer and was preparing for his/her business, and causing the victim to sit on another person; (b) he/she gets the victim to sit on the victim’s seat; and (c) making the victim’s bridge, who was not reported on the victim’s knee; and (d) making the victim’s knee on the victim’s knee, “I good, good, good,” and “I do not want to do so; and (d) tell the victim’s face to the victim’s face; and (e) tell the victim’s s of the victim’s decline by force against the victim who was under his/her protection and supervision due to his/her duty.

2. On October 21, 2017, at around 09:40, the Defendant committed an indecent act by force against the victim under his/her protection and supervision due to his/her duties, employment, or other relations, by holding the victim’s bridge, which was off his/her own belief and did not report both sides, in the same manner as described in paragraph 1, on the knee of the victim, and holding him/her over his/her knee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to H and I;

1. Application of Acts and subordinate statutes on police statements made to H;

1. Article 10 (1) of the Act on the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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