(영문) 수원지방법원 여주지원 2014.03.07 2014고단1

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(영문) 수원지방법원 여주지원 2014.03.07 2014고단1

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등

Text

A defendant shall be punished by imprisonment for six 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 director general of the editing bureau of the newspaper company, who supervises the victim D (n, 25 years of age) who is a trainee of the same newspaper company.

At around 18:00 to 23:00 on November 8, 2012, the Defendant: (a) heard the victim, who was seated in the next place in the “F” restaurant located in Gyeyang-gun, Gyeonggi-do, to drink, and continue to drink, and (b) see the victim’s statement that the victim’s distribution is too low, so that the victim can do so, and (c) at the place where the representative of the above newspaper company and G employees are located, the victim does not have human rights; (d) the victim does not have human rights; (e) the victim’s treatment is treated as garbage, rain, rain, opening, and opening; and (e) the victim insulting the victim; (e) “Is the victim’s request that the victim do so without the victim’s consent, and (e) the victim’s 2) the victim was able to refuse the victim’s request, and (e) the victim was able to sit under the victim’s hand.”

Accordingly, the Defendant committed an indecent act against the victim through occupational power, and insultd the victim.

Summary of Evidence

1. The entry of each part of the witness D and H in the protocol of the second and third trial;

1. Statement by the prosecution concerning D;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes to recording books;

1. Article 10(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively.

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (any indecent act committed in the course of performing duties, etc. heavier than punishment) shall be subject to the addition of concurrent crimes among concurrent crimes;

1. The degree of indecent act in this case under Article 62(1) of the Criminal Act, and the defendant.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제10조 제1항

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