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(영문) 서울중앙지방법원 2016.08.10 2016고단3184

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is the representative director of D Co., Ltd., which conducts advertising agency business, and the victim E (the age of 32) is a person who works for the said company as an agent from December 22, 2014 to June 23, 2015 and was under the supervision of the Defendant due to the employment of the Defendant.

Defendant,

1. On March 30, 2015, an indecent act is committed by committing an indecent act by keeping the said victim’s shoulder in both arms with a wall, shacking the victim’s face, shacking the victim’s shoulder, and taking the victim’s face, among the implements that had been talked in a non-sing singing room with the first floor of the Seocho-gu Seoul Metropolitan Government F underground, Seocho-gu.

2. On June 2, 2015, at around 16:00, an indecent act is committed in a manner that, after completing an advertising-related meeting in Jung-gu Seoul Special Metropolitan City on June 2, 2015, the victim’s left upper part of the victim’s upper part of his/her upper part of the victim’s upper part of his/her upper part in the BMW car, he/she went back to the company with the above victim, he/she committed an indecent act in a manner that his/her upper part of the victim

3. From June 23, 2015, around 22:00, around the first floor of the Seocho-gu Seoul Metropolitan Government G Ground G G 1studio, the victim’s bucks and bucks were laid down once by hand, and the victim’s bucks and bucks were used under the above several times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. Application of Acts and subordinate statutes to an investigation report (to hear statements from the victim by telephone);

1. Article 10 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The following specific circumstances and the method and form of the instant crime, degree of prosecution, age, sex, etc. of the Defendant for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.