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(영문) 서울북부지방법원 2014.08.20 2014고단1606
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

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

Around April 2007, the Defendant established and operated D Co., Ltd. up to now, and the Defendant was in a position to determine whether to employ employees, and the victim E (the age of 28) worked for the said Co., Ltd from September 23, 2013 to December 9, 2013, while engaging in business auxiliary duties, etc.

The defendant committed an indecent act against the victim by using things at a location in which he/she can decide whether to employ the victim, and committed an indecent act by force against the victim under the supervision of the defendant due to his/her work and employment relationship over 11 times as follows.

1. On September 6, 2013, the Defendant proposed that the victim would be qualified to work before entering the office on a two-day one-day basis to determine whether he/she is eligible to work before entering the office, and the victim consented to it.

On September 6, 2013, at Daejeon, the Defendant laid the Defendant’s hand on the buckbucks of the victim who was seated adjacent to a high speed bus, and the victim was able to take the Defendant’s hand on the bucks, but the Defendant laid the Defendant’s hand to the bucks inside the victim’s bucks, and 2-3 minutes of which the Defendant took the Defendant’s hand into custody to the victim’s bucks.

2. On October 21, 2013, the Defendant, who committed an indecent act, demanded the Defendant to accompany the Defendant in the military service business trip and went to Gunsan along with the victim. On October 21, 2013, around 18:00, the Defendant attempted to look back the victim’s buckbucks that were seated adjacent to the express bus returned to Seoul from Gunsan to Seoul, and the victim tried to look back the victim’s bucks that were able to hand down the victim’s sbucks under the above bucks and down the victim’s bucks and down the victim’s bucks.

3. On November 15, 2013, around 17:15, 2013, the Defendant committed an indecent act was at the D’s main office located in Dongdaemun-gu Seoul Metropolitan Government Ftel 302, and even if the Defendant had previously received a claim against the victim for physical contact, the Defendant was able to find out the victim’s buckbucks in his/her hand while making a talk about the victim’s business.

4. An indecent act committed on November 18, 2013.

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