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(영문) 수원지방법원 성남지원 2020.06.05 2019고단2274
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 is a person who operates a restaurant C in Seongbuk-gu, Sungnam-si, and the victim D is a person who has worked as an employee in the above restaurant from September 14, 2015 to February 26, 2018 and is under the protection and supervision of the Defendant due to the employment relationship.

1. To the extent that it does not infringe Defendant’s right to defense, the charges were modified ex officio according to facts found as a result of the examination of evidence without changing indictment.

At around 17:00 on spring around 2017, the Defendant dumped the victim (at that time, 51 years of age) at the entrance of the above restaurant with only one hand, and rhumd and rhumd the victim and string the strings.

2. On October 16, 2017, the Defendant, around 16:30, 2017, served three times as the handbucks of the victim (at the age of 51) who was sitting down next to the Defendant while the employees gather in the above restaurant.

3. 피고인은 2017. 11.경 낮에 위 식당에서 쉬는 시간에 테이블에 앉아 휴대폰으로 영화를 보고 있는 피해자(당시 52세)에게 다가가 "뭘 보고 있으냐"라고 말하며 피해자의 허벅지를 손으로 한 차례 만지고 갔다.

As a result, the defendant committed an indecent act by force on three occasions against the victim under his protection and supervision due to employment relationship.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the legal statement of witness D;

1. Article 10(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15792, Oct. 16, 2018); the choice of imprisonment with labor and the choice of a sentence for a criminal offense

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

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

1. The defendant is finally and conclusively convicted of a sex offense subject to registration, on the judgment that the registration of personal information and the obligation to submit such information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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