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(영문) 서울북부지방법원 2013.08.23 2012고단640
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
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Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On December 6, 2011, at a “D” restaurant operated by the Defendant in Seoul Special Metropolitan City, Nowon-gu, the Defendant committed an indecent act by force against a victim under the supervision of the Defendant due to employment relationship by making the victim E (here, 194), an employee, a victim E (here, 194), and making him/her wear his/her arms, bats, etc., and making him/her wear his/her arms, bats, bats, etc., and making the victim, who wishes to go out of his/her arms, unfolds his/her arms, thereby making him/her wear his/her arms.

2. On December 11, 201, around 14:09-14:15, the Defendant committed an indecent act by force against the victim under the supervision of the Defendant due to an employment relationship by cutting the victim E, who is an employee, onto the Defendant’s chest and placing the victim’s face on the Defendant’s chest.

3. On December 13, 2011, at around 01:13-01:30 on December 13, 201, the Defendant shall take the shoulder of the Victim E above, who is an employee seated, in both hands.

It is lying on the lying, continuing to be followed by the victim's back, with both hands, putting the victim's shoulder up, putting the victim up a block, cutting the block, cutting the block, cutting the block, cutting the block, and putting the victim up the block, bringing the victim back again.

The Defendant committed an indecent act by force against a victim under the supervision of the Defendant due to employment relationship by inserting the victim into his/her bridge, leading him/her over his/her bridge, and her booming the victim.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Statement of prosecutorial statement concerning E;

1. Application of Acts and subordinate statutes to investigation reports (CCTV analysis on the Indecent Acts and subordinate statutes);

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

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

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

1. Act No. 11556, Dec. 18, 2012 (Act No. 11556, Dec. 18, 2012)

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