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(영문) 서울중앙지방법원 2017.04.28 2016고단8762
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is in the position of managing and supervising employees as the store location of the restaurant called the restaurant of Jongno-gu Seoul Metropolitan Government 1st floor "D", and the victim E (n, 23 years old), and F (n, 23 years old) are the employees of the above restaurant.

The defendant, taking advantage of the position of the captain, committed an indecent act against the above victims under the supervision of the defendant due to business, employment, etc. by force.

On July 21, 2016, at around 12:58, the Defendant committed an indecent act by force against the victims under the protection and supervision of the Defendant on seven occasions in total, as shown in the list of crimes in the attached Table, from that time until July 26, 2016, by taking care of the victim E, who is an employee, in his/her shoulder, without any reason, without any reason, to the victim E, who is an employee. In addition, the Defendant committed an indecent act by force against the victims under the protection and supervision of the Defendant, as described in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of victims of the witness;

1. Statement made by each police officer against victims and G;

1. Complaint;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs of indecent conduct in stores;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes, which is the applicable provision of the relevant Acts and the choice of punishment for the crime, and the selection of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Crimes committed an indecent act against the victims who are 20 women, by taking advantage of occupational relations, and the victims want to be punished under this Act is that the defendant is disadvantageous to the defendant.

However, the degree of indecent conduct is very serious.

The fact that it is difficult to see, that there was an agreement before the prosecution by paying the agreed money to the victims, and that there is no particular history of punishment for the defendant.

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