(영문) 수원지방법원 안산지원 2017.08.16 2017고단959

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(영문) 수원지방법원 안산지원 2017.08.16 2017고단959

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was a person who had operated the skin under the trade name of "D" from the 34th floor in Ansan-si, Asan-si, and the victim E (n, 27 years old) is a person under the management supervision of the defendant as a manager of the skin under the management of the above department.

1. On September 1, 2016, the Defendant: (a) around 15:00, around the first order, and around 15:00, to test the new purchased M&C at the management office; and (b) to take the victim into a marina room.

After lying the part of the victim's end on the wall bed, the victim committed an indecent act on several occasions on the part of the victim's sexual flag and on the part of the victim with his/her hand by iceing the mast door continuously after putting the part on the part of the victim's end on the part of the part of the victim, and by force.

2. On September 8, 2016, the Defendant was driving by the Defendant who moved from the above D'D' management office to the "G hospital located in the same Gu F" in the same Gu.

H Within K5 vehicles, while talking with the victim who was seated at the fel chief, the victim was able to write and rh the victim's head with the victim's own hand and rupe the victim's head.

Summary of Evidence

1. Partial statement of the defendant;

1. Each of the legal statements of the witness E and I [if the statements of the witness, including the victim, are mutually consistent and consistent with the facts charged, they shall not be rejected without permission, unless there is any other evidence that is objectively deemed highly reliable (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). A witness E filed the instant complaint due to problems arising in the labor relationship with the defendant.

Even if the witness E submitted the written complaint of this case, it is consistent with the witness E, such as consistently stating the content of damage identical to the crime of this case from the time the police prepared the written statement of this case to the testimony in this court, and its credibility is recognized in light of the witness's reasons, contents, etc.

1. Each reference photograph (on-site photograph).

참조판례

-대법원 2012. 6. 28. 선고 2012도2631 판결

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