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(영문) 춘천지방법원 2017.07.25 2017고단321
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant under the trade name of "D" in Hongcheon-gun C, and the victim E (n, 19 years of age) was an employee of the said restaurant.

1. On December 1, 2016, the Defendant committed a crime on December 1, 2016, at the site of the above restaurant around 11:00 on December 1, 2016, the Defendant Daced the victim containing the reflect, “I am ???????????????????????’

"라고 하면서 손바닥으로 피해자의 왼쪽 엉덩이를 툭 치듯이 만졌다.

2. On December 3, 2016, around 12:00 on December 3, 2016, the Defendant committed a crime: (a) on the cafeteria at the above cafeteria on December 3, 2016, the Defendant: (b) asked the victim who was asked to see her will not be able to do so; (c) held the victim’s left side with her hand as her hands.

In this respect, the Defendant committed an indecent act on the part of the victimized person under his protection and supervision through the employment relationship on two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness E’s legal statement statutes;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which may be achieved due to such order, and the victim.

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