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(영문) 서울북부지방법원 2017.07.06 2017고단419
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who operates the Category D located in Gangnam-gu Seoul Metropolitan Government, and the victim E (V, 46 years old) is employed by the defendant and takes charge of duties, such as packaging, display, sale, etc. according to the direction of the defendant.

1. The Defendant, at around 07:00 on July 26, 2016, committed an indecent act against the victim by force by force, such as rhyming the victim’s hythm and selling with his/her hand, and spreading his/her shoulders.

2. On July 26, 2016, the Defendant committed an indecent act against the victim by force by the victim, who was working at the above control point, around 07:50 on July 26, 2016.

3. On July 28, 2016, at around 06:50, the Defendant committed an indecent act against the victim by force on the part of the victim, including the victim, who was working at the above control point, following the victim, such as the victim’s tea, and rhyd the victim’s shoulder.

4. On July 28, 2016, at around 09:36, the Defendant committed an indecent act by force against the victim by using the victim’s arms as rhythm with the victim’s hand.

5. On July 30, 2016, the Defendant committed an indecent act against the victim by force, which led the victim to the shoulder and boom of the victim, with his/her hands, who was working at the above task at the above task at around 23:35.

6. The Defendant, at around 10:00 on August 10, 2016, committed an indecent act on the part of the victim, who was working at the above control point, with his son’s hand, by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. On-site CCTV data (ROMs);

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

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 suspended execution;

1. Order to attend a lecture and order to attend a lecture;

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