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(영문) 부산지방법원 2018.09.12 2017고단6464
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a Japanese national foreigner, from around 2008 to around 2008, a victim C (22 tax and female) who had worked as an employee of the above restaurant in the position of protecting and supervising the victim due to business relations.

On January 21, 2017, the Defendant, at around 20:09, committed an indecent act by drinking at the above E cafeteria G located in Busan Jung-gu, Busan, for the following reasons: (a) the Defendant was waiting to wait for the victim to move in the house; (b) the Defendant Da Da ki ki kid the mark attached to the clothes on the chest; and (c) committed an indecent act by drinking the chest.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. The video CD(s) at sea (as a result of these images, it is recognized that the Defendant’s end was in contact with the victim’s clothes according to these images, and if it is considered that the parts of the Defendant’s hand are chests, the facts constituting the crime in its holding may be found);

Application of Statutes

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, the selection of fines (the selection of fines in consideration of the fact that there is no record of punishment in the Republic of Korea and the degree of conduct of prosecution);

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, family environment, social relationship, previous conviction and risk of recidivism, and the benefits expected by the disclosure order and notification order of this case.

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