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(영문) 서울동부지방법원 2017.09.22 2017고단1349
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was a person working as an assistant principal at a middle school located in Dongdaemun-gu Seoul Metropolitan Government, and the victim D (the victim's name, leisure, age 29) was employed as a Chinese-term teacher at the above middle school on July 13, 2016, and was engaged in the work under the supervision of the Defendant on duty.

1. On July 25, 2016, the Defendant: (a) went on a bus in the same direction as the victim intending to retire after completing his/her business on July 25, 2016; (b) went to a F restaurant located in Gangdong-gu Seoul, Gangdong-gu, Seoul; (c) and (d) walked along with the victim intending to walk to another place, and (d) walked along the way to move to the other place more simplely and make it difficult to move to the other place; (d) around 19:00 of the same day, the Defendant used the fact that the victim, a fixed-term teacher, refuses his/her act or is difficult to avoid his/her place of action; and (e) committed an indecent act by force by the Defendant’s force on the part of the victim’s left hand; and (e) he/she should not drive the victim’s s right with his/her arms on the left side; and (e) he/she was under the influence of the victim’s supervision by force.

2. On July 25, 2016, from around 19:00 on the same day to around 20:00 on the same day, the Defendant is facing the said victim at the I head office located in Gangdong-gu Seoul, Gangdong-gu, and forms a flock, and is divided into the victim’s flock.

In this regard, the victim's left side by hand committed an indecent act by force on the part of the victim who is under the supervision of the defendant on the ground of his business relationship, such as placing a light on the victim's left side by hand.

Summary of Evidence

1. Legal statement of the witness D;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, the selection of fines (the degree of punishment is not much severe).

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