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(영문) 서울동부지방법원 2018.03.30 2017고단4151
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the director of the E station in Seongdong-gu Seoul Metropolitan Government, and the victim F (the name, the female, and the age of 39) was an employee.

around 17:30 on July 4, 2017, the Defendant was growing at the above gas station office.

I have committed an indecent act on the part of the victim by showing his or her sexual organ that he or she was born with his or her inner organ and by forcing the victim to wear his or her fingers, etc., and by committing an indecent act on the part of the victim who is subject to his or her protection and supervision over his or her duties three times in total, such as the list of crimes in the annexed list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (Investigation of voice files);

1. Application of statutes on site photographs;

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 for the crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to attend a lecture or an order to provide community service;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Children and Juveniles against Sexual Abuse, the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (any special circumstance that may not disclose personal information in light of the Defendant’s disadvantage and anticipated side effects due to the Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, consequence and crime, seriousness of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury, prevention effect of sexual crimes subject to registration that may be achieved therefrom, effect on the protection of the victims, etc.)

When a conviction is finalized on the facts of the crime which is registered with personal information.

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