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(영문) 서울동부지방법원 2013.12.20 2013고단2109

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

The defendant is the vice head of the E company located in Seongdong-gu Seoul Metropolitan Government D building 408, and the victim F (n, 23 years of age) employed by the above company around October 10, 2012.

피고인은 2013. 7. 26. 15:00경 위 E회사 탕비실에서, 사무실에 아무도 없는 틈을 이용하여 부하 여직원인 피해자를 강제로 껴안고, 엉덩이를 만지고, 혀로 피해자의 귀를 핥은 후 피해자의 바지 단추를 풀고 바지 안으로 손을 넣으려고 하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning F;

1. Application of Acts and subordinate statutes of the Kakao Stockholm message and record;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

1. Where a judgment becomes final and conclusive to submit personal information under Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure of Personal Information, and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (not disclosing personal information in consideration of the initial crime, agreement, outline, etc.), the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information