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(영문) 수원지방법원 성남지원 2020.04.24 2019고단3145
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 a person who operates convenience points in the building C in the building B in Seongbuk-gu, Sungnam-si, and the victim D (n, 24 years old) is a person who has worked as an employee at the above convenience point and is under the protection and supervision of the defendant due to the employment relationship.

1. At around 22:00 on March 3, 2019, the Defendant: (a) laid down a bucker inside the calculation unit of the above convenience store; (b) laid down the victim’s bucks adjacent to the bucker; (c) anticipated the Defendant’s face to the victim’s bucks; and (d) continued to buck the victim’s bucks by hand that may occur from the chair; and (c) kid the victim’s kis on the part of the victim.

2. On July 14, 2019, at around 22:00, the Defendant laid left arms of the victim who moves out of the calculating unit of the above convenience store, and kiddd up the part of the victim’s left arms with left hand hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of CCTV-related Acts and subordinate statutes;

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. 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. When a conviction of a sex offense subject to registration becomes final and conclusive in the judgment on the punishment, etc. of a sexual crime committed by an order to attend a lecture or an order to provide community service, as prescribed in the main sentence of Article 16(2) and (4) 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 defendant is exempted from disclosure order and notification order due to his age, occupation, risk of recidivism, type of crime in this case, motive, process, disclosure and notification order.

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