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(영문) 서울동부지방법원 2018.03.22 2017고단4295
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the president of the "D Co., Ltd." who distributes, supplies, and sells household goods in Guro-gu Seoul Metropolitan Government, and the victim E is the subordinate employee of the defendant.

On June 19, 2017, the Defendant, along with one victim and one female employee, was in line with drinking and drinking, and moved to singing.

1. On June 19, 2017, the Defendant committed an indecent act in the number 'G singing in F’ number studio at the time of light lighting around 20:04, the Defendant committed an indecent act by the Defendant at the time of singing the victim’s hand several times, with the victim’s hand at the time of singing.

Accordingly, the defendant committed an indecent act by force against the victim under the supervision of the defendant due to the business relationship.

2. Since then, the Defendant sent other female employees to a taxi and moved with the victim to an “I Singing practice hall” located in Guro-gu Seoul Metropolitan Government H.

On June 19, 2017, the Defendant committed an indecent act, such as knee and knee, in the studio on the “I Singing practice hall” number No. 22:30, on June 19, 2017, when she knee and knee knee knee knee knee kne, and kne kne kne kne kne knick.

Accordingly, the defendant committed an indecent act by force against the victim under the supervision of the defendant due to the business relationship.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to E;

1. Application of Acts and subordinate statutes to criminal investigation reports;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

1. Selection of a selective fine for punishment (including the fact agreed with the victim and the fact that there is no record of exceeding the same kind or fine);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. To register and submit the personal information of Article 334(1) of the Criminal Procedure Act, which is subject to provisional payment order;

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