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(영문) 수원지방법원 안산지원 2016.01.13 2015고단173
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a person working as the head of the F team in the E of the planning and coordination officer of the National Human Rights Commission, the victim G (V, 32 years old) is a person working as the team member of the F Team, and the defendant is in the position of directing and supervising the victim in business relations.

1. On February 2014, the Defendant, at the office of the National Human Rights Commission EF Team located in Jung-gu Seoul, Jung-gu, Seoul on the ground of the Defendant’s instruction to conduct its duties, presented to the victim a document of business instruction, etc. on his/her left side to the victim’s hand on the ground that he/she took the direction to conduct his/her duties, committed an indecent act on the part of the victim’s left upper part and left chest part of the part.

2. The Defendant on September 12, 2014: or

9. Around 15, at the office of the National Human Rights Commission EF Team located in Jung-gu Seoul, Jung-gu, Seoul, the victim committed an indecent act by having the victim contact the part on the left upper part of the victim's elbbow with the left upper part of the part on the upper part of the victim's elbow with the upper part on the left upper part of the part on the part on the part of the victim.

Summary of Evidence

1. Legal statement of witness G;

1. Statement made by the police in relation to G;

1. Each report on investigation;

1. A written complaint filed in relation to the G production, each written complaint and any additional written statement;

1. Application of Acts and subordinate statutes to the submission of relevant data;

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) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47 and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which is not the previous one), family relations, and the renewal thereof.

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