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(영문) 서울중앙지방법원 2019.10.04 2019고단2809
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
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 representative of “B” model and entertainment planning company, and the victim C (the 19 years of age) is the student of “D” in which the Defendant is teaching at the same time, who entered into an exclusive contract with the Defendant.

The Defendant, due to these relations, committed an indecent act against the victim by using the fact that the victim was not allowed to refuse his direction. On November 4, 2018, around 03:30 on November 4, 2018, at the defendant's house located in Seocho-gu Seoul Metropolitan Government, the Defendant used a game while drinking together with the victim. The Defendant put his hand into the victim's hand and her room, her son, her son, her son, her son, and son, and her son’s son, her son, and her own son with the drafting of the victim.

Accordingly, the Defendant committed an indecent act by force against the victim under his protection and supervision due to the relationship of duties, employment, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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;

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information

The defendant's age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, disclosure notification and employment restriction order of the defendant exempted from the disclosure and notification of personal information and employment restriction order, the degree of disadvantage and anticipated side effects of the defendant's entrance, the prevention and effect of sexual crimes subject to registration which can be achieved thereby.

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