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(영문) 부산지방법원 2013.10.16 2013고단4533
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
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1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The defendant is the co-president of E in Busan Dong-gu, and the victim F (V, age 26) is a person who has been employed in the above company around June 2010 and has been employed until now.

1. On January 24, 2013, the Defendant: (a) around 17:30, from Hart in Busan Eastdong-gu G, to the same subway station; (b) had been aware of the intent of committing an indecent act against the victim on the rocketing vehicles of the victim’s driving; and (c) had the victim’s strings and bucks.

Accordingly, the defendant committed an indecent act by force against the victim under his supervision by the employment relationship.

2. 피고인은 2013. 1. 24. 18:00경 부산 동래구 I에 있는 J호텔 지하1층에 있는 ‘K’라는 상호의 술집 룸 안에서 피해자를 추행할 마음을 먹고 피해자의 양 어깨를 손으로 누르고 얼굴을 피해자의 얼굴에 들이밀어 입맞춤을 하려고 하고 계속하여 피해자의 허리를 감싸 안고 피해자의 어깨에 몸을 기댔다.

Accordingly, the defendant committed an indecent act by force against the victim under his supervision by the employment relationship.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (L)

1. Article 10 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) under the relevant provision on criminal facts;

1. Selection of each alternative fine for punishment (including deposit, etc. of KRW 15,00,00 for the victim who has no criminal record for the same kind of punishment, and for the victim);

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. Where a judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the accused 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 relevant agency is in accordance with Article 43 of

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