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(영문) 춘천지방법원 속초지원 2015.06.24 2015고단20
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, from around September 1, 2009, served as the president of EF in Gangwon-gun, a person in charge of the business operation, management, etc. of the said F, and the victim G (n, 47 years old) served as a seller from March 19, 2014 to August 3, 2014 under the said F, and was under the Defendant’s occupational supervision.

1. On May 2014, the Defendant committed an indecent act against the victim by force on the part of the victim, by holding the victim’s seat behind the victim’s speciality knife at the beginning of May 2014.

2. On May 2014, the Defendant committed an indecent act against the victim by force by placing his body on the part of the victim from the above specialty coponer to the victim’s side.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including G substitute part);

1. Each police statement concerning G;

1. Recording records;

1. Application of the Acts and subordinate statutes to investigation reports (a photograph attached stating the suspect's act at the time of damage by indecent act), investigation reports (a document attached to E of the stock company E);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. An unfavorable circumstance, such as the fact that the victim committed an indecent act twice by taking advantage of the occupational reason of sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order, the victim cancelled the complaint against the defendant, the defendant does not have the same criminal record, the degree of the defendant's indecent act cannot be deemed to be very severe, and other factors of sentencing indicated in the records of the instant case, such as the defendant's age, character and conduct, and environment, shall be determined as per the order.

the defendant to register personal information.

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