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(영문) 수원지방법원 성남지원 2020.04.14 2019고단1371
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the president of the Dispute Resolution Co., Ltd., in the Gyeonggi-gu Seoul Metropolitan City, the Defendant is the executive director who has been in charge of business affairs in the same company, and the Defendant is under his supervision and control. A.

From March 9, 2017 to 14:00 on March 9, 2017, the Defendant committed an indecent act by making the victim’s statement, such as “an amount of money,” to the victim within the office of the Defendant of the instant dispute settlement council, and by taking charge of the victim’s damages, and by taking charge of the victim’s damages, and by taking charge of the shoulder.

B. On June 16, 2017, the Defendant: (a) completed a meeting at a park where it is impossible to know a place less than that of the Chinese chronis around 21:00 on June 16, 2017; (b) and (c) committed indecent acts, such as flaging the victim’s sing away from the victim’s side while coming to a lodging house with the employees of the same company; and (d) “Arreging the victim’s singing, singing away well, and making the victim’s singking,” and committing an indecent act by taking charge of sing, i.e., cutting off, singing, and shouldering his hand.

Accordingly, the defendant committed an indecent act by force on two occasions against the victim, who is an employee under occupational supervision.

2. Determination

A. According to the records, the following circumstances are recognized.

1) The victim’s statement is not consistent, and there is little room to view the above change as a result of the victim’s loss of memory due to the victim’s perception or the flow of time. A) on March 9, 2017 (Article 1 of the Facts of Prosecution) with respect to the indecent act committed on October 10, 2017, the victim stated that (a) on the complaint submitted on October 10, 2017, the victim stated that “the victim was humping, humping, humping, humping, and humping at the request of the Defendant to raise the company’s funds; and (b) the victim committed an indecent act.”

(2) At the police following the filing date of the complaint, the victim is deemed to have a shoulder of the victim and to have continued to take charge of the victim (the 12 pages of the investigation record), and the part of the investigation record.

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