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(영문) 전주지방법원 2017.08.25 2017고단885
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the business proprietor of “D” in Kim Jong-si, and the victim E (the age of 26) served as an employee from December 14, 2016 to January 15, 2017.

1. On January 14, 2017, at around 23:30, the Defendant committed an indecent act by force against the victim under the supervision of the Defendant in an employment relationship, by using the victim’s cream with the victim’s cream as “lick,” and by using the victim’s cream with the victim’s breath hand, and attempting to face with the victim’s creamble drinking.

2. On January 15, 2017, the Defendant: (a) 23:00 on January 15, 2017, she saw the victim’s her son with her son’s hand; (b) laid the victim’s body with the victim’s her son’s left hand; (c) continuously her son’s son’s son with the victim’s son’s left hand, and her son’s son’s son’s son’s son’s son’s son’s knife with the victim’s son’s knife, stop, stop, and knife the victim’s knife with the victim’s son’s knife; and (d) her son’s son’s knife with the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Complaint;

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

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant are recognized, the Defendant does not want the punishment of the Defendant when the Defendant agreed with the victim, and the Defendant exceeds a fine.

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