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(영문) 부산지방법원 2018.07.04 2017고단5683
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

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

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 2, 2016 to April 27, 2017, the Defendant worked as the head of the team or the head of the branch in the sixth floor of the building B in Busan Dongdong-gu, Busan, and the victim D (19 tax) was a person who worked as a trap in the above lap in the above lap, and the Defendant was in a relationship with his superior and subordinate staff.

1. On January 1, 2017, the Defendant, at around 19:00, anticipated a street (f) from the above health room around 19:00 on a day, her own side, followed by a narrow space between the street head and the display place. As such, the Defendant: (a) her tamp the part of the victim’s sexual flag by leaving her tex, thereby making him/her contact with the victim’s sexual flag.

Accordingly, the defendant committed an indecent act by force on the person under his business supervision.

2. On February 17, 2017, the Defendant: (a) around 17:00 on a day, when the victim was receiving water from water purifiers from the roadside; (b) “a person who was sent only once”; and (c) the victim’s her block was found to have her block as her block.”

Accordingly, the defendant committed an indecent act by force on the person under his business supervision.

Summary of Evidence

1. Each legal statement of witness D and E;

2. Partial statement of the witness F;

3. Each police statement made in relation to D, E, and G;

4. Part of the police statements made to F;

5. Application of Acts and subordinate statutes to the complaint;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes as provided for in paragraph (1) of the same Article with heavy circumstances).

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

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

5. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse.

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