(영문) 서울북부지방법원 2020.10.15 2020고단1474

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(영문) 서울북부지방법원 2020.10.15 2020고단1474

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등

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A defendant shall be punished by imprisonment for one year.

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

1. The Defendant is the representative of the Dongdaemun-gu Seoul Metropolitan Government “E” under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Law of the Punishment, etc. of Sexual Crimes) and the victim B (the age of 33) is an employee in charge of accounting affairs in the above company and has been under the protection and supervision of the Defendant. The Defendant was willing to commit an indecent act by taking advantage of superior position that the Defendant cannot actively resist the Defendant’s act due to employment relationship.

Around 18:00 on July 27, 2018, the Defendant committed an indecent act by sprinking the victim’s bucks, which were parked in the F parking lot located in Songpa-gu Seoul, in a manner that spucks and sprinks of the Defendant’s G K7 car parked in his/her place, in his/her hand.

B. Around 10:00 on August 16, 2018, the Defendant committed an indecent act in a manner that the victim’s son was her seated in the main room located in the above “E” office, thereby making the victim’s son’s son and son’s son and son were her seated once.

Accordingly, the defendant committed an indecent act by force on the victim under his protection and supervision due to employment relationship two times.

2. Violence;

A. On August 23, 2018, between around 09:00 and around 10:00, the Defendant issued an order to the victim within the pertinent “E” office, and the victim refused to do so, and the victim abused the victim by making an order only for food, such as the victim, and assaulting the victim at one time by taking the head part of the victim’s hair.

B. On August 23, 2018, around 17:00, the Defendant: (a) committed a dispute that is irrelevant to business, such as drinking alcohol to the victim within the aforesaid “E” office; (b) committed assault against the victim when the victim was able to get out of his/her office; (c) the victim gets out of his/her office; (d) the victim got out of his/her office; and (e) continued to have a dispute with the victim; and (e) he/she committed assaulting him/her on one occasion, such as the part of his/her arms and gates on the left side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1.With respect to B, each.

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