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(영문) 부산지방법원 2018.01.10 2017고단5561
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

On April 13, 2017, the Defendant was a person who supervised the Victim D (55 years, women) that was employed by the Defendant’s wife to work as well as domestic affairs at his own home by the Defendant’s wife.

1. On June 6, 2017, the Defendant: (a) around 12:00, at his own house located in Geumdong-gu, Busan; (b) between the Defendant’s wife’s house and the Defendant’s house, the Defendant: (c) extracted his eyebrow from the Defendant’s home and demanded the victim working as well as his eyebrow; (d) extracted the eyebrow from the bed; and (e) laid the victim back to the bed with his hand; and (e) laid the victim’s hand into his chest and her chest.

Accordingly, the defendant committed an indecent act by force against the victim under his supervision.

2. At around 10:00 on June 23, 2017, the Defendant committed an indecent act by force on the part of the victim under his supervision by walking her ambum in front of his house on the ground that the victim was working as well as his house, and on the ground that the victim’s ambum in front of his house is a simple franchi of the franchi of the franchis around the wall.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (including D parts of the statement);

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Selection of each selective fine for punishment (not only has no record of committing the same type of crime, but also has no record of criminal punishment exceeding the fine, and the depth of the crime is against the victim, and the victim has reached an agreement with the victim and is not subject to the punishment of the defendant);

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. The indecent act committed by force, which is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, of the Provisional Payment Order.

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