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(영문) 인천지방법원 2016.10.27 2016고단3944

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant was the head of C’s team and the victim D(the age of 50) staff of the said company, and the Defendant was willing to commit an indecent act against the victim by advertising that he is in a position to instruct, manage, and supervise the victim’s work.

On September 1, 2015, the Defendant committed an indecent act against the victim on two occasions with the Defendant’s hand on September 1, 2015, on the part of the Defendant’s driver E truck, and on the part of the victim who was seated next to the Defendant.

B. The Defendant committed an indecent act against the victim by taking the victim’s bucks outside of the victim’s bucks, which had been seated next to his/her own while he/she returned to his/her director on the same day as the above paragraph (a).

C. On September 17, 2015, around 17:00-18:00, the Defendant: (a) stopped the victim due to the stop signals while driving the Defendant’s G sticking vehicle in the Southern-gu Incheon Metropolitan City, and (b) committed indecent act against the victim, such as putting the victim’s hand who was seated at the early string and taking charge of several times.

Around 18:00-19:00 on October 7, 2015, the Defendant committed an indecent act against the victim by reporting that the victim, who was seated in the back of the driver’s seat, is going out of a bridge between the driver’s seat and the front seat, while waiting together with the victim in the front parking lot of H apartment 102, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Accordingly, the Defendant committed indecent acts by force against the victim under his protection and supervision due to his duties.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Application of D’s statutory statement law

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

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 defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.