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(영문) 인천지방법원 2015.11.24 2015고단3756
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등
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

The defendant is not a medical person, but a medical person who establishes a treatment room in the residence of the defendant in the Nam-gu Incheon Metropolitan City, under the ice Correction Private Medical Doctor, and conducts medical practice by taking advantage of his/her hand and her hair and taking care of the patient's body, such as spin disc, etc.

1. Around January 20, 2015, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (Indecent Act on the Abuse of Occupational Authority, etc.) said, at the above Defendant’s residence treatment room, the Defendant found the victim D (the age of 44) to receive treatment for a bath disc and a shoulder pain, with the intent of committing an indecent act by undermining pain treatment, and the victim should be exempted from all the clothes of the line for the purpose of pain treatment, while having the victim go off from the upper part of the upper part of the upper part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the judgment, stating that “I am off the upper part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower judgment.

Accordingly, the suspect committed an indecent act against the victim by means of occupational deceptive scheme.

2. The Defendant in violation of the Medical Service Act committed an indecent act of the preceding paragraph D by means of a deceptive scheme on the same date and time as that of paragraph (1), at the same place as that of paragraph (1), and committed a medical act in which the Defendant, by hand, dumbucks, arms, etc. in order to provide pain treatment, dumbucks, dumpbucks, arms, etc., and followed d’s bucks, etc., so that the Defendant d’s sound

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Statement of each police statement of D and E;

1. The application of the Acts and subordinate statutes to notify counseling records and the result of psychological physiological examination;

1. Article 10(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes concerning the Crime and the Punishment, etc. of Sexual Crimes on the Selection of Punishment, etc. (the point of an indecent act by using occupational power) and Article 87(1)2 of the Medical Service Act.

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