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(영문) 부산지방법원 2015.11.04 2015고단5868
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

On May 6, 2015, at around 13:00, the Defendant committed an indecent act by force against the victim who is supervised by the Defendant on the part of the representative office of the C company located in Gangseo-gu Busan Metropolitan City, by "at least 22 years of age, a person who has served for the long time among its employees shall be the only one-year person among its employees; the same shall apply in selecting the team leader; the leader may be the only one-year person who can be the team leader; the victim's hand can be the only one-year person in selecting the team leader; the victim's hand can be seen as the victim's shoulder, and the victim's knife in the workplace, and the left knife with his knife and knife with his knift.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction of a sex offense subject to the registration of personal information of this case is finalized under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit the personal information of the accused

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, and the effect of protecting the victim, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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