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(영문) 서울남부지방법원 2016.08.12 2016고단1327
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

A defendant shall be punished by imprisonment for four 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 a person who was a director in charge of D) overseas futures X team, who was in the position of a workplace responsible for managing and supervising victims E (n.e., 36) belonging to the above team.

1. On August 21, 2014, the Defendant completed a conference at the conference room of the 20th floor of the Yeongdeungpo-gu Seoul Metropolitan Government F Building D on the 20th floor, Yeongdeungpo-gu, Seoul Metropolitan Government on August 21, 2014, and takes away the left hand hand of the victim who seeks to leave outside the conference room, and talked with the arms and rocks carried on his hand, and “hick.”

“......”

Accordingly, the defendant committed an indecent act by force against the victim who is a subordinate employee under his protection and supervision due to business relations.

2. On August 22, 2014, the Defendant puts the hand of the victim who intends to complete a meeting at the above place on August 10:00 and to take a meeting room, and “ how this arms are bad;

We also want to create his or her father. "I want to do so".

Accordingly, the defendant committed an indecent act by force against the victim who is a subordinate employee under his protection and supervision due to business relations.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. The complaint (the defendant and his defense counsel) asserts that there is no fact that the defendant committed an indecent act against the victim.

However, the victim has consistently and specifically stated from the investigative agency to this court about the acts of the defendant, the content of damage, the perception and response of the victim, the situation before and after the crime, and there is no reason for the victim to injure the defendant until the victim is punished for perjury, and the victim's statement in light of the victim's attitude of statement in this court, credibility is recognized.

Therefore, it is sufficiently recognized that the defendant committed an indecent act against the victim as stated in the judgment of the court.

Application of Statutes

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 labor);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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