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(영문) 서울중앙지방법원 2018.06.08 2017고단9147
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person working as the director of the C Center in Seoul Special Metropolitan City, Nowon-gu, and the victim D (n, 25 years old) was an employee of the above Center, and the defendant was in the position of guiding and supervising the above victim on duty.

1. The accused who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (or by force, etc. on duty);

A. On June 8, 2017, around 13:00, in the bus traveling from the F restaurant located in Gyeonggi-gun E to the H center located in Gyeonggi-gun G, the victim saw that “if the victim gets drinking of a large amount of fish system drinking, it is difficult to avoid drinking 3 sicks when he/she turns out,” and if he/she fails to meet the defendant’s misconduct, he/she would resist the defendant that the above center’s life would be difficult, or would have head on the shoulder of the victim who could not refuse the defendant’s behavior;

B. On June 8, 2017, around 18:30, the victim’s shoulder, who was at the H Center’s I restaurant located within the H Center set forth in the foregoing paragraph (A), was unable to resist the victim’s misconduct, if the victim was unable to resist the other party’s misconduct, he/she would be unable to resist or leave the Center’s life, or who could not refuse the defendant’s behavior.

C. On June 8, 2017, around 21:30, when the victim and his employees such as the victim and the victim drinking alcohol within H Center J of the H Center set forth in the above paragraph (a) were unable to resist the misconduct of the defendant, the victim was unable to resist to the defendant, or the center life was difficult, or the victim was expected to resist to the shoulder of the victim who could not refuse to act by the defendant, and the victim was kneeed.

Accordingly, the defendant committed an indecent act by force on the victim under the protection and supervision of the defendant due to business, employment, or other relationship three times.

2. The Defendant’s assault and assault around June 8, 201, ranked around 21:30.

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