(영문) 서울중앙지방법원 2014.12.05 2014고단7806

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(영문) 서울중앙지방법원 2014.12.05 2014고단7806

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. At around 16:20 on April 14, 2014, the Defendant committed an indecent act by force against the victim under the Defendant’s supervision due to his duties, such as “the head of the company operated by Jongno-gu Seoul Metropolitan Government,” while receiving a report from the victim D (n'e, 36 years of age) working as the manager of the said company, the Defendant was able to put his hand into the kis kis of his own victim’s kis, and the victim took away his body and her body, but the Defendant committed an indecent act.”

2. At around 17:30 on April 14, 2014, the Defendant committed an indecent act by force against the victim under the Defendant’s supervision on the part of his duties, such as: (a) the victim, who was said to have been said to be out of the president, was to be aware of the indecent act as referred to in paragraph 1, and the victim believed to have been able to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. Although the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the victim are inferior, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the agreement with the victim is not sufficient; (b) the defendant has no criminal record other than one fine; (c) the defendant is against the defendant; and (d) the age, character and conduct, the environment

The defendant's age, occupation, risk of recidivism, and the crime of this case, which are ordered to disclose or notify personal information.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제10조 제1항

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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