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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On September 26, 2017, at around 23:30 on September 26, 2017, the Defendant was seated with the victim E (e.g., 42 years of age) who is an employee of the D cafeteria operated by the Defendant. On September 26, 2017, the Defendant was seated with the victim E, who is an employee of the D cafeteria operated by the Defendant. On the victim’s buckbucks, the Defendant laid the Defendant’s bridge on the victim’s bucks.
Accordingly, the defendant committed an indecent act by force against the victim under supervision due to occupational relations.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. A protocol concerning the examination of partially the accused by the prosecution;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to report internal investigation (not later than once);
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime(s)
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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The offense of violation of the relevant legal doctrine on the punishment, etc. of sexual crimes is established when an indecent act is committed by deceptive means or by force against a person under his/her protection and supervision due to duties, employment or other relationship.
In such cases, "a person under his/her protection and supervision due to his/her duties, employment, or other relationship" includes not only a person who is subject to organizational protection or supervision due to the internal rules, etc. of the workplace but also a person who may have influence on his/her duties, employment, etc. within the workplace.
In addition, the term "power" means a force sufficient to suppress the victim's will of freedom, which is neither tangible nor intangible nor intangible, so it is possible to use not only assault and intimidation but also social, economic, political status or authority.