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(영문) 부산지방법원 2015.11.12 2015고단5086
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 a person who operates a medical welfare facility for the E in Busan Dong-gu, and the victim F (n, 22 years of age) is a social worker of the above facility from June 2, 2014 to March 9, 2015.

1. Around 21:00 on July 25, 2014, the Defendant committed an indecent act, such as committing an indecent act on the part of the victim, who was parked in the H-way G in Busan Sho-gu, with a view to dancing, making it fit for the victim’s entrance, and inserting it into the victim’s speed.

2. Around January 2015, the Defendant committed an indecent act, such as, around the first instance trial, the Defendant committed an indecent act on the part of the victim, who was parked in the (ju) K (J) of the Dong-gu, Busan, by inserting his hand on a white fuck vehicle, with the victim’s bridge seated in the steering buck.

3. On January 2015, the Defendant committed an indecent act, such as: (a) within the first floor office of the above medical welfare facility for the aged; (b) on the part of the victim’s body, putting the victim seated in a forced place; (c) placing the victim’s chest into the inner clothes on the part of the victim’s body; and (d) putting the victim’s chest into the drafting; and (c) putting the victim’s fingers into the inner clothes of the victim’s body; and (d) exposing the victim’s conspiracy.

4. On March 9, 2015, at around 10:00, the Defendant committed an indecent act on the part of the Defendant’s driver, who was in the signal atmosphere L in Busan Metropolitan City, on the part of the Defendant’s driver, and on the part of the victim, who was seated in the steering line, on his hand.

Accordingly, the defendant committed an indecent act by force against the victim under his supervision due to the employment relationship.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on internal investigation (related to the specification of place of criminal investigation) and application of Acts and subordinate statutes for investigation report (related to the confirmation of place of criminal investigation);

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Criminal Act and the Selection of Punishment, etc.;

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

1.Article 62(1) of the Criminal Code of the Republic of Korea:

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