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(영문) 대전지방법원 2012.08.17 2011고정2823

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

A defendant shall be punished by a fine of 5 million won. If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who actually operates D Co., Ltd. that supplies manpower to C, and the victim E(n, 25 years old) was dispatched to C as a non-regular employee and was employed as a production worker.

1. On June 12, 2011, the Defendant: (a) committed an indecent act by force on the part of the victim, such as making the victim talk about monthly allowances, earthquake-proof allowances, company issues, etc. on the part of the victim; and (b) making the victim drink with drinking while making the victim talk about the monthly allowances, fire-proof allowances, company issues, etc.; and (c) around 22:00 of the same day, the Defendant singing the victim by singing in the middle-gu Seoul Special Metropolitan City Fing City, Daejeon, and 22:00 of the same day, and putting the hand under the part of the victim against the victim’s will, thereby committing an indecent act against the victim by force.

2. At around 23:00 on June 26, 201, the Defendant: (a) committed an indecent act by force in the course of business, such as: (b) singing together with the said victim; (c) singing together with the victim; (d) talking with the victim’s shoulder and hump against his/her will; and (e) taking the victim’s hand over and taking the victim’s hand over; and (d) taking the victim’s hand over his/her sexual organ. On July 10, 201, the Defendant committed an indecent act by force against the victim in the course of business by force, such as exerting alcohol as described above; and (e) taking the victim’s humbel at the head of the Dong-gu Daejeon, Daejeon, Daejeon; and (e) taking the victim’s brogate on the bend; and (e) taking the victim’s humbel on his/her face; and (e) taking the victim’s hand over the victim’s hand.

Summary of Evidence

1. Entry of the accused in each part of the trial records first and third times;

1. Statement made by witnesses E in the second protocol of the trial;

1. A protocol of examination of part of the defendant by prosecution;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.