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(영문) 부산지방법원 2014.11.19 2014고단5033
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a business owner operating a scamba and the victim C (n, 20 years old) is a part-time student of a scamba in the camba operated by the defendant.

1. On January 18, 2014, at around 10:00, the Defendant committed an indecent act by force against the victim, who is under his/her protection and supervision as an employment relationship, by putting the victim’s bucks at the “EP” located in Busan Northern-gu, Busan, with his/her arms, putting the victim’s bucks at his/her own arms, taking the victim’s bucks at the victim’s bucks, putting him/her down the bucks inside the bucks, and putting him/her down the bucks within the bucks.

2. On January 19, 2014, the Defendant committed an indecent act by force against a person under his/her protection and supervision as an employment relationship, by drawing up the victim’s hoppy from the rear side when the victim sought poppy.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness C’s statutory statement law

1. Selection of fines in consideration of the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the selection of punishment, the degree and frequency of the indecent act, and the fact that there is no criminal record of the same kind;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the defendant 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 is obligated to submit personal information

The age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the preventive effect of the sexual crime subject to registration which can be achieved due to it.

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