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(영문) 광주지방법원 2016.12.23 2016고단4516
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has served as the director in charge of the C livestock industry cooperative guidance, and the victim D (the victim 27 years of age) is an employee in charge of general contracts with the above union.

At around 22:00 on December 19, 2014, the Defendant completed the employees workshop at a singing room located in the “Fgate” located in Young-gu, Young-gu, Young-gu, Seoul, and had his employees and meeting. On the other hand, the Defendant: (a) had a mind to commit an indecent act against the victim; (b) had the victim kis on the right side of the victim; (c) had the victim kis; (d) had the victim kis; (b) had the victim kis; (c) had the victim kis on the part of the victim; and (d) had the victim kis on the part of the Defendant’s sexual intercourse.

Accordingly, the Defendant committed an indecent act by force against the victim, who is a subordinate employee under his supervision due to the business relationship.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes that include statements made by police officers to victims;

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 (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. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to the head

When fully considering the age, occupation, family environment, social relationship, criminal record and the risk of recidivism, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects of the defendant exempted from an order of disclosure or notification, personal information shall be disclosed.

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