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(영문) 수원지방법원 안양지원 2019.02.13 2018고단756
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

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

When the defendant works as a store store in Ansan-si, the defendant is a person who manages the above store staff and supervises the operation of the store, and the victim D (n, 20 years of age) is an employee of the above store, who produces or calculates and cleans bread as an employee of the above store.

1. The Defendant committed the crime of April 7, 2017, around 16:00 on April 7, 2017, following the victim’s behind the calculated victim’s back, and became the victim’s knife with both descendants.

Accordingly, the Defendant committed an indecent act by force against a victim under his/her protection and supervision due to his/her duties, employment or other relationship.

2. On April 16, 2017, the Defendant committed the crime of April 16, 2017: (a) at the Cstore on April 16, 2017, the Defendant informed the victim who is preparing to work of the method of turning on the store fire at the Cstore; and (b) later, he raised one hand on the part of the victim by drawing up the victim, and the other hand was aground on the said chest of the victim.

Accordingly, the Defendant committed an indecent act by force against a victim under his/her protection and supervision due to his/her duties, employment or other relationship.

3. 2017. 7. 9.자 범행 피고인은 2017. 7. 9. 15:00경 C점 주방에서 일을 하고있던 피해자를 불러 피고인이 마실 커피를 타 달라고 말하며 피해자의 손을 잡아서 커피머신기 앞으로 가던 중 피해자의 손을 피고인의 엉덩이 쪽으로 가져다 댔다.

Accordingly, the Defendant committed an indecent act by force against a victim under his/her protection and supervision due to his/her duties, employment or other relationship.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Grade D of the protocol of interrogation of the accused by the prosecution;

1. E prosecutorial statement;

1. Statement made to D by the police;

1. A complaint;

1. Other closure photographs of text messages;

1. Determination as to the defendant and his/her defense counsel's assertion of investigation report (the document attached to the statement submitted by the victim to the company and the statement hearing of the victim)

1. The summary of the claim.

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