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(영문) 의정부지방법원 2017.11.15 2017고단3042
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

Punishment of the crime

The defendant is the chief of the electricity department of G, which is a controlled entity in building, and the victim H (name) is the environmental U.S. source of the above company, and the defendant is in the position of managing and supervising the victims in relation to the business of the U.S.

A. On October 2015, the Defendant committed an indecent act, such as using occupational force, etc., against the victim’s her sexual flag at the victim’s her embarm, which is written in the first floor office of the 1st floor of the building of Namyang-si, Namyang-si.

B. Around June 2016, the Defendant committed an indecent act, such as taking the victim’s grandchildren from the third female lodging room underground of the Jinyang-si, Namyang-si, by force, etc., and bringing the Defendant’s sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H to H;

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. Where a conviction becomes final and conclusive in regard to the facts constituting a crime on which the personal information is registered under Article 334(1) of the Criminal Procedure Act, the accused is 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 a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the protection of the victims thereof.

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