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(영문) 의정부지방법원 2018.08.23 2018고단755
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 the president of C in Spocheon City B.

The victim D (the name, female, 45 years old) was employed by the defendant and worked as an employee of the above company from August 2016 to August 2017.

1. Between 11:50 on July 24, 2017 and 13:10 on July 24, 2017, the Defendant committed an indecent act against the victim, such as the victim’s shoulder, etc. with his/her hands, and the victim’s body was frighted with his/her hand.

2. On August 2, 2017, between 09:52 and 17:20 on August 2, 2017, the Defendant committed an indecent act against the victim, such as holding the victim seated and working in the above C Office and spreading the victim’s neck by hand, raising the victim’s body by hand, and taking the part of the victim’s shoulder by body.

3. On August 3, 2017, the Defendant committed an indecent act against the victim by kneeing kne in the victim’s kneel with knee in the room and marina of the said C Foundation.

4. From August 3, 2017 to 18:00 on August 3, 2017, the Defendant: (a) committed an indecent act against the victim, such as holding the victim seated in the above C Office and spreading the victim’s neck and shoulder by hand; (b) raising the victim’s body by hand; and (c) raising the victim’s face by hand.

5. On August 16, 2017, between 19:00 and 21:00, the Defendant committed an indecent act by: (a) the Defendant, following the victim, who was going to return home after having completed a meeting, was at the right shoulder of the victim; (b) the victim was at the right shoulder of the victim; (c) the victim was at the right shoulder; and (d) the victim was at the right shoulder; and (c) the victim was at the right shoulder; and (d) the victim was able to take up about two meters.

Accordingly, the defendant committed an indecent act by force against the victim under his protection and supervision due to employment.

Summary of Evidence

1. Partial statement of the defendant;

1. Although there are some parts of the witness D’s legal statement (the motive and circumstance leading to the instant complaint), the whole of the statements is about the background, contents, consistency, physical strength, attitude of the statement.

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