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(영문) 인천지방법원 2016.09.01 2016고단3938
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the president who runs an entertainment drinking house in the name of “C” from the Nam-gu Incheon Metropolitan City fourth floor, and the victim D (n, 18 years of age) is an employee who was employed in the said entertainment drinking house from April 2016 to May 2016.

The defendant, as an employer of the victim, was in the position of protecting and supervising the victim, and was willing to commit an indecent act against the victim by taking advantage of his occupational status such as employment relationship.

1. On April 18, 2016, the Defendant committed a crime on April 18, 2016: (a) around 20:00, around April 18, 2016, she kept his/her fingers into the clothes of the victim’s office at the above entertainment drinking house office, and (b) held the victim’s breasts.

Accordingly, the Defendant committed an indecent act against the victim by force on business.

2. On April 19, 2016, the Defendant committed the crime: (a) around 02:30 on April 19, 2016, brought the victim who was living at the kitchen of the said entertainment drinking house, and (b) brought the victim into the room, and (c) took the victim’s breasts into the room of the said entertainment drinking house on April 19, 2016.

Accordingly, the Defendant committed an indecent act against the victim by force on business.

3. On April 26, 2016, around April 26, 2016, the Defendant: (a) brought the victim who was preparing for food in the said entertainment drinking club warehouse around April 22, 2016; and (b) brought the victim to another room, and (c) took the victim’s chest in hand, and got the victim’s her tur.

Accordingly, the Defendant committed an indecent act against the victim by force on business.

4. On May 2, 2016, the Defendant, at around 20:00 on May 2, 2016, 2016, forced the victim to sit in the above entertainment drinking house office, prevented the victim from holding his/her elbow with his/her own arms, and left off his/her clothes and clothes with his/her hand.

Accordingly, the Defendant committed an indecent act against the victim by force on business.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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