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(영문) 부산지방법원 2016.04.28 2015고단6000
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was working as an agent in the "C" maintenance department located in Busan Jin-gu, Busan, and the victim D (24 tax) is a maintenance engineer belonging to the above maintenance department and is a subordinate staff under the command and supervision of the defendant.

1. On August 18, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compact by occupational force, etc.) in the “E” used as a temporary workplace of C located in Busan, Jin-gu, Busan, around Busan, as of August 18, 2015, and the victim’s sexual organ who is engaged in the exchange of vehicle fuelter is able to catch the victim’s sexual organ.

“Indecent act by force on a person under his supervision due to the relationship of work, etc.”

2. On August 27, 2015, around 18:20 around 18:20, the injured Defendant: (a) laid down the upper body part of the victim’s body that was boomed beyond the victim’s bridge on the ground that the victim was not present in the scheduled round of the next day; (b) continued to take the victim’s 10 buck with his hand when the victim’s 14-day chilled the victim’s cream, and continued to put the victim into approximately 14-day chills.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Each injury diagnosis letter;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 257(1) of the Criminal Act, and the choice of imprisonment, respectively, concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that there is no record of any other crime except for those punished once by a fine due to a crime of this type

1. Where the part of the judgment on the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the Registration of Personal Information under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is finalized, the defendant shall be subject to the special Act on the Punishment, etc. of Sexual Crimes.

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