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(영문) 부산지방법원 동부지원 2016.11.09 2016고단1640
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

A defendant shall be punished by imprisonment for six 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, who works as the deputy head of the General Team in Busan-gun, had been in charge of managing, supervising, and supervising women scambling from around 2014 in addition to the duties of finance, personnel management, etc., and the victim D had been in charge of cleaning, managing, etc. of women scambling from September 2015 to September 2015, and the Defendant had been in a position to protect, supervise, and instruct the victim’s duties.

1. On December 1, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Law of the Punishment, etc. of Sexual Crimes) from around 00 to 22:00 on December 1, 2015, at the mutual singing of “E” located in the Busan Gold-gu from around 21:0 on December 1, 2015, the Defendant: (a) demanded the victim to dance with his/her workplace fees, including the victim after the opening of the meeting; and (b) provided the victim with his/her own knife with his/her own knife with his/her own knife.

As a result, the Defendant committed an indecent act by force against the victim under his protection and supervision due to the business relationship.

2. On January 27, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Abuse of Occupational Authority, etc.) visited a club in order to view the process of the studio construction in a shower room for women of the above C consortium club in the scam room on January 27, 2016, while visiting the club in order to view it in the process of the scam construction, and the Defendant scam the right knife of the victim with his left hand while leading the scene of the female toilet construction in the scambrush room.

As a result, the Defendant committed an indecent act by force against the victim under his protection and supervision due to the business relationship.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of police statements concerning D, investigation reports (including submission of records, etc.), statements of preparation of D, application of Acts and subordinate statutes of record;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Criminal Act and the Selection of Punishment, etc.;

1. Aggravation for concurrent crimes;

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