Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant shall be the chairperson of C&A,
1. On November 1, 2014, around 15:00, the company’s president room located in the fourth floor of the Dongdaemun-gu Seoul Metropolitan Government D building has poolized the victim E (for women, 22 years of age) of new employees with both descendants at the 4th floor of the said company, and has stringd the female at one time in light of her gender;
2. On December 10, 2014, at the above conference room around 18:20 on December 10, 2014, the victim suggested to drink together with the victim, and the victim spawned with spawn, and the victim spawnd with the victim’s entrance.
Accordingly, the defendant committed an indecent act on the part of the victim more than twice in total.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement concerning E and F;
1. Recording notes;
1. Application of the Acts and subordinate statutes to the contents of currencies and pictures of victims;
1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 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. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act
1. The summary of the argument and the defense counsel asserted that, although the defendant has stated a little fluorial and strong mind that he had a victim's view in the process, he did not have any fact consistent with the victim, and the defendant had no intention to commit an indecent act against the victim.
2. Determination
A. “Indecent act” of relevant legal principles means an act that causes a sense of sexual humiliation or aversion to the general public and goes against good sexual morality, which infringes on the victim’s sexual freedom, and whether it is so determined ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, and the surrounding objective situation, and the sexual morality concept of that time.
And it is necessary to establish the crime of indecent act by compulsion.