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(영문) 서울북부지방법원 2018.10.05 2018고합281
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 the president of Seongbuk-gu Seoul Metropolitan Government D, and the victim E (n, 19 years of age) is an employee working at the same place, who is subject to the management and supervision of duties by the defendant.

1. On March 26, 2018, the Defendant committed a crime around 11:30 on March 26, 2018, by doping to inform the victim of how to make coffee within the coffee shop around 11:30 on March 26, 2018, the Defendant: (a) pushed the victim’s hand; (b) pushed the victim’s body back to the victim who was in the front of the coffee; and (c) took the victim’s hand; and (d) drink the coffee.

In concluding “A indecent act committed an indecent act against a victim under his/her protection and supervision by force by taking advantage of his/her occupational position with a tag of the victim’s visibility.”

2. On March 27, 2018, the Defendant committed a crime around 14:00 on March 27, 2018: (a) placed the victim’s seeing him/her in his/her hands at the above place on March 27, 2018; and (b) placed him/her on his/her hand.

“Indecent act committed an indecent act against a victim under his/her protection and supervision by force by taking advantage of his/her occupational position.”

3. On March 28, 2018, the Defendant committed a crime around 12:00 on March 28, 2018, committed an indecent act committed against the victim under his/her protection and supervision by force using his/her occupational status by breaking the view of the victim who consumes the victim in his/her hand at the above place on March 28, 2018.

4. On March 29, 2018, the Defendant committed a crime around 14:30 on March 29, 2018: (a) whether he/she followed the victim who was seated in the said place on March 29, 2018 at the said place, and whether he/she did not go back.

” 고 물으면서 피해자의 양쪽 귀를 만지고, 매장 안쪽에 위치한 창고에서 음악을 듣자며 피해자를 불러낸 후 그곳에서 피해자의 옆에 앉아 어깨동무를 한 채 피해자의 목과 귓불을 만지고, 피해자의 왼쪽 귀에 자신의 입술을 3회 대고, 몸을 돌려 옆에 앉아 있던 피해자의 양쪽 어깨를 손으로 잡고 강제로 키스하려고 하는 등 업무상 지위를 이용하여 위력으로 자기의 보호ㆍ감독을 받는 피해자를 추행하였다....

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