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(영문) 인천지방법원 2015.11.11 2015고단2963
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

Defendant shall be punished by a fine of four million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is the director of the repair team for aviation maintenance parts, and the victim C(34) is an employee belonging to E (ju) who works to clean the wheelchairs of a D aircraft.

1. On October 2014, the Defendant committed an indecent act by force on the part of the victim, who is engaged in wheel washing, in G aviation maintenance in Jung-gu Incheon, Jung-gu, Incheon, and in the washing room, the victim who is engaged in wheel washing, in his/her hands.

2. On October 2014, the Defendant forced the victim to commit an indecent act at the same place as the above paragraph 1 in the same manner as that of the above paragraph.

3. On October 2014, the Defendant forced the victim to commit an indecent act at the same place as above 1, at the end of the morning, in the same manner as above 1.

4. On November 201, 2014, the Defendant forced the victim to commit an indecent act at the same place as above 1:0 a.m. (a).

5. On November 2014, the Defendant forced the victim to commit an indecent act at the same place as the above paragraph 1 in the same manner as that of the above paragraph.

6. On November 201, 2014, the Defendant forced the victim to commit an indecent act at the same place as above 1 in the same manner as above.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The witness H, I, and J’s partial statement [the victim has consistently stated in the investigative agency and the court about the form of crime and the circumstances where the crime was committed, and there is no extenuating circumstance to deem that the victim made a false statement otherwise. According to the examined evidence, the same act as the crime is an exercise of force against the victim’s will and is deemed sufficient to make the victim feel sexual humiliation, and it does not violate social rules even in light of the fact that it is an act between the same-sex and the same-sex.]

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, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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