(영문) 춘천지방법원 2015.08.25 2015노6 | 리걸엔진

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(영문) 춘천지방법원 2015.08.25 2015노6

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

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1. The judgment below is reversed.

2. The defendant shall be punished by a fine of 800,000 won.

3. The above fine shall not be paid by the defendant.

Reasons

1. The court below found the defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the defendant, and sentenced a fine of three million won to the defendant. The court below held that the defendant's appeal was dismissed by recognizing the judgment of the court below.

The defendant filed an appeal against the judgment before remanding, and the Supreme Court reversed the judgment before remanding for the reason that there was an error of law by misunderstanding the legal principles on the meaning of indecent act in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act on Occupational Abuse, etc.).

After remanding, the prosecutor applied for amendments to Bill of Indictment with the content of adding the ancillary charges that the defendant tried to use his right hand hand hand of the victim and assault the victim in the future, and this court permitted it.

Therefore, the facts charged as to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the facts charged as to the assault added by the public prosecutor in preliminary order are within the scope of the judgment of this court.

2. The summary of the grounds for appeal (fact-finding) is as follows: (a) when the victim was found at the time and place specified in the facts charged in the instant case, the Defendant was found to be the victim; and (b) the victim was able to stay for up to five minutes; and (c) the Defendant did not commit an indecent act against the victim.

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

A. Summary of the facts charged 1) Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Occupational Authority, etc.) (In the principal charge, the Defendant is the Director of laundry Factory Co., Ltd., and the victim is a laundry assistant of the aforementioned laund

On June 201, 201, the Defendant is a company house of the above C, which is located in D in the order of Gangwon-do, at around 20:00 on the first day of June 201.

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