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(영문) 전주지방법원 군산지원 2015.11.13 2015고단871
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates the “E” in Jeonju-si, Jeonju-si, and is in the position of protecting and supervising the victims by employing the victim F (n, 22 years of age) who is an employee.

1. On April 8, 2015, the Defendant: (a) around 19:43, around April 19:43, 2015, the victim left behind the victim who was seated in the E “E”, by inserting the two fingers between the victim’s winters; and (b) turned down the part below the victim’s chests.

2. On April 8, 2015, at around 20:15, the Defendant included the Defendant’s hand in the “E” as a bridge between the victim’s side and the victim’s side, and the victim’s left side was down to the lower buckbucks.

3. On April 9, 2015, around 18:45, the Defendant got off the victim’s back from the said “E” and became up with the victim’s back, and became up with the victim’s back.

4. At around 20:00 on April 9, 2015, the Defendant included both fingers between the victim and the victim who were seated in the “E” and the lower part of the victim’s chests.

5. On April 12, 2015, at around 20:24, the Defendant included both fingers between the victim and the victim who sited in the “E” and the lower part of the victim’s chests.

6. On April 13, 2015, at around 00:30, the Defendant: (a) left side of the victim who was parked on the side of the G QM5 vehicle owned by the Defendant, standing on the side of the G QM-5 vehicle located on the side of the Samju-gun. On April 13, 2015, the Defendant continued to return the victim’s body to the victim, and was under the influence of alcohol.

Accordingly, the defendant committed an indecent act by force against the victim under the protection and supervision of the defendant six times in total.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. A criminal investigation report (CCTV image verification, etc.);

1. Application of CCTV-cape Acts and subordinate statutes;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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