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(영문) 수원지방법원 안산지원 2016.01.29 2015고단3350
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 was in the position of management and supervision of the victim C (V) as an employee at the E's garment sales store that he works as the store head in Ansan-si, Osan-si.

1. On June 2, 2015, the Defendant committed an indecent act by force on the part of the victim, by taking advantage of the circumstances that: (a) on June 2, 2015, the victim, who was working at the above Egarment sales store, refused or resisting the victim’s behavior, which is an employee relationship; and (b) he/she was satisfing the victim’s satisfy with his/her left hand; and (c) he/she was satisfying the victim’s chest

2. On June 4, 2015, the Defendant, at around 20:20 on June 4, 2015, provided that at the above E-garment sales store, the Defendant would resume the victim’s clothes with no other employee and customer by taking advantage of the foregoing circumstances.

At the same time, the injured person committed an indecent act by force by means of putting the injured person's knife between the injured person's knife and knife the knife.

Summary of Evidence

1. The defendant's partial statement (the defendant and his defense counsel alleged that the defendant did not commit an indecent act by taking advantage of his/her occupational position, but considering the victim C's investigative agency to consistent criminal facts in this Court, the CCTV images in which each crime was recorded in the judgment of the defendant, the relationship between the defendant and the victim, and the victim's intent at the time of committing each crime, it can be sufficiently recognized that the defendant committed an indecent act by force on two occasions against the victim under his/her duties. Thus, the defendant's and his/her defense counsel'

1. The legal statement of the witness C;

1. Statement made by the police with regard to C;

1. Each related photograph;

1. Application of Acts and subordinate statutes of double CCTV CDs;

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 Code of Aggravation of Concurrent Crimes;

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