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(영문) 수원지방법원 2016.11.10 2016고단5556
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

The Defendant is a person who manages and supervises the victim E (the female, 27 years old, and tentative) who is a contractual worker of the above store employed around June 2015, as the store's store site in Suwon-si C, Suwon-si, and around June 2015.

From December 2015, the Defendant, who worked together with the victim, had been constantly bucked with the victim’s ship, bucks, or her mack, and around April 27, 2016, the victim’s behind the victim who worked at the above store, she called “one macker,” and she was sucked with the victim’s body with the victim’s own arms, and got the victim into the victim.

Accordingly, the defendant committed an indecent act by force on a person under his supervision due to his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The application of statutes to prepare and report a record book;

1. Relevant Article on criminal facts, and Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

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

1. The reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed by the Defendant, as a workplace company of the victim, committed an indecent act by force against the victim’s will by spreading the victim’s ship, buckbucks, etc. against his/her will. In light of the method of committing the crime, the relationship between the Defendant and the victim, etc., the crime is not likely to be committed.

However, in light of the fact that the defendant's mistake is recognized and against the defendant, the victim cancels the complaint against the defendant at the investigation stage, and the defendant has no record of being punished for the same kind of crime prior to the date of the crime in this case, and the overall sentencing conditions specified in the records and arguments are comprehensively taken into account the circumstances leading to the crime, the defendant's age, character and conduct, family relationship, occupation, etc

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