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(영문) 전주지방법원 군산지원 2019.01.25 2018고단698
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 of the final judgment.

Reasons

Punishment of the crime

From February 23, 2015 to January 2016, the Defendant is a direct superior officer who is working as the director of the next production viewing division B from February 23, 2015 and has worked in the same division C, and is able to evaluate the work of the victim D (the age of 40 at that time) who has worked in the same division

1. From April to May 2015, the Defendant committed an indecent act by force against the victim, following the victim, who was reported on his/her duties in the Yasan-ro 32-ro, Yasan-si Office B, Yasan-si, the Defendant: (a) divided the victim’s shoulder on his/her own hand to three to four seconds; and (b) committed an indecent act by force.

2. On June 2015, the Defendant committed an indecent act by force on the part of the victim’s left part with the victim’s hand, on June 1, 2015, on the part of the victim’s gate F, competent officer G with a meal work in a restaurant near the E-U.S., the Defendant: (a) was seated along the victim’s left part; and (b) was able to see that “picked with a woman’s seat and seated with his/her seat”; and (c) was able to commit an indecent act by force.

3. 피고인은 2015. 7.경부터 같은 해 10.경 사이에 익산시 인북로32길 익산시청 B과 사무실에서 계장 H 등 B과 직원들이 있는 자리에서 피해자가 업무를 보고 있는 자리로 다가가 머리를 묶어 이마를 드러낸 피해자에게 “D(피해자)이 이마가 이쁘다.”라고 농담식으로 말하면서 손으로 피해자의 이마를 만지고, 직원들과 농담을 하면서 손으로 피해자의 귓불을 만지는 등 같은 방법으로 3∼4회에 걸쳐 그녀를 위력으로 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution concerning D;

1. A protocol concerning the examination of suspect with regard to I;

1. Protocol of the examination of a witness to J or K;

1. Application of Acts and subordinate statutes to investigation reports (in case of a lawsuit seeking revocation of a dismissal disposition against a suspect, attachment to the second instance judgment);

1. Article 10(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 10(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Defendant, who has chosen imprisonment, denies the crime, but the victim’s statement on the fact of damage is consistent and

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