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(영문) 청주지방법원 제천지원 2015.08.13 2015고단177
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 in a position to decide whether to employ employees while operating the “D convenience store” in the Chungcheongbuk-gun C, and the victim E (n.e., 25 years of age) is a person who works for the said convenience store from March 12, 2014 to March 24, 2015 and has been engaged in the display and sale of goods.

On March 24, 2015, between 09:00 and 11:00 on the same day, the Defendant discovered the victim who goes at the above convenience store and continuously demanded the victim to enter the warehouse in which he/she himself/herself and continuously demanded that the victim enter the warehouse. In such cases, the Defendant continued to request the victim to enter the victim by sending out the message of Kakakao Kakao Kakao Kao Kao Kao Kaoo Kaoo Kaba to the destination and the victim again, and continued to demand that the victim do not want to enter the warehouse, put his/her finger in the clothes of the victim that the victim would want to have the victim enter the warehouse, her chest kne, her kne, sit in the victim's kne, her kne, her part, her part with the above clothes, and let the victim talk with the victim and his/her finger son's hand.

Accordingly, the defendant committed an indecent act by force against the victim under the supervision of the defendant due to employment relationship.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on internal investigation (Attachment to Stockholm photographs);

1. Application of the photographic Acts and subordinate statutes;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant is himself/herself with the reason for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Provide Community Service and Attend

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