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(영문) 인천지방법원 2013.09.11 2013고단4514

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is the president of the company B.

From 08:00 on June 25, 2013 to 12:00 on the same day, the Defendant had the victim D (20 years of age, women) feel humiliated with desire to commit an indecent act in the office of company B located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

The victim committed an indecent act by force on the part of business, such as: (a) the victim was on the first place in the company, and (b) the victim would be informed of the accounting affairs on the office book; (c) the right buckbucks, (d) about 5-6 times the left chests, and (d) about 2 times the left chests, and (d) about 5-6 times the negatives, and (d) twice the negatives.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, the selection of fines (including the agreed point, the first fact, etc.);

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction of a defendant against a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the special circumstances that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be prohibited.