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(영문) 서울중앙지방법원 2017.03.15 2016노3192
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant did sexual conduct as stated in the facts charged by agreement with the F, or that the Defendant did not commit an indecent act by occupational force.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is the vice president of the E accounting corporation located in Jung-gu, Seoul, and F is a person who worked for the said corporation as a tax team member from November 3, 2014 to September 11, 2015.

On September 2, 2015, from around 22:15 to 23:00, the Defendant added F and sing from “H” located in Jongno-gu Seoul Metropolitan Government, and play together F and singing up to F with the Defendant’s right side by taking advantage of the Defendant’s occupational supervision and failure to resist properly, and used the F’s right side to cover the F’s shoulder with his left hand, and sing up to F with the word that the F ought to be met. At the same time, the Defendant sing up with the left hand, sing up the chest, ing up the chest, ing up the chest, ing up with his hand, putting the F into the brode of F, and putting the f into the f’s chest, and putting the f into the f’s chest, thereby making up the f’s chest.

Accordingly, the Defendant committed an indecent act against F by force on duty.

B. The lower court determined that the lower court is able to believe the horses of F

In light of the facts charged, the charges were convicted.

3. Determination on whether a deliberation was made

A. In the crime of violation of the relevant legal doctrine on the punishment, etc. of sexual crimes (an act by force, etc.), force refers to a force sufficient to suppress the victim’s free will. Since it is not tangible or intangible, it is possible to use not only assault and intimidation, but also social economic and political status or authority, and also includes cases where the body of force is recognized as an indecent act. In such a case, it is not necessary to practically suppress the victim’s free will.

and indecent act means to the public objectively.

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