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(영문) 대전지방법원 2020.10.30 2020고단3287

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

As a representative of “B”, the Defendant is a person who manages and supervises the victim C (n, 35 years of age) who is an employee.

On January 15, 2020, at around 12:40, the Defendant was parked in a vehicle parked in the E resting area located in the Cheongnam-gun, Cheongnam-gun, Cheongnam-gun, and the Defendant got kid by the victim who was seated in the steering seat, and the victim was pushed and rejected, and the Defendant got kidd by the victim's chests by hand.

Accordingly, the defendant committed an indecent act by force against the victim under the supervision of the defendant due to his duties and employment.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police suspect examination protocol against the defendant;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the Kakao Stockholm course photographs and the Act on the Record of Recording;

1. Relevant Article on criminal facts, and Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Law No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the sentencing of this case is that the defendant committed an indecent act by force against the defendant's two-month female employees who were employed in the company that he operated, and the nature of the crime is bad. Despite the damage of this case, the victim's resignation at the end of unfair treatment, the victim suffered considerable pain, and the victim suffered considerable pain, and the victim attempted suicide, and the defendant had a sense of self-defense with the victim in the trial of this case. However, the defendant has no doubt.