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(영문) 서울서부지방법원 2013.12.06 2013고단2654
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner of the C convenience store in Eunpyeong-gu Seoul Metropolitan Government, and the victim D (V, 19 years old) is a person who part-times at the above convenience store.

On August 27, 2013, the Defendant completed work at the above convenience store on August 27, 2013, and brought about the left chest by drinking the victim's shoulder with his hand to commit an indecent act against the victim who intends to get his house at the above convenience store, returning the victim's shoulder, and having left chest with his hand.

Accordingly, the defendant committed an indecent act by force against the victim under his protection and supervision due to the relationship of work or employment.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the police statement protocol and the investigation reporting statute to D;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes.

1. Where a judgment on the registration of personal information under Articles 70 and 69(2) of the Criminal Act becomes final and conclusive, the accused 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 to a competent agency pursuant to Article 43 of the same Act

However, an order for disclosure and notification of registered information is not an order for disclosure and notification of registered information, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the defendant's tendency of unsatising (not high possibility of resatising) on the defendant's military force.

It is so decided as per Disposition for the above reasons.

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