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(영문) 울산지방법원 2015.09.17 2015고단1337
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant operated “D” singing with his own children in Ulsan-gu C2 level.

피고인은 약 3년 전 위 노래방 근처에서 당구장을 운영할 때 잠깐 동안 카운터 일을 봐줬던 피해자 E(여, 19세)을 처음 알게 되었고, 2015. 5. 20.경 위 노래방 부근을 지나가는 피해자를 다시 만나서 자신의 노래방에서 일해 줄 것을 제의하였으며 2015. 5. 26.경부터 위 노래방에 출근하여 카운터 일을 하게 된 피해자의 근무 모습을 보고 욕정을 품고 추행하기로 마음먹었다.

On May 27, 2015, from around 19:13 to May 21:04, 2015, the Defendant: (a) told the victim that “it is necessary to keep the victim in the face of her seat, if it is necessary to do so; (b) ran the victim’s her seat on the hand floor; (c) sees the victim’s her seat on the part of her seat; and (d) her seat on the part of the victim her seat, her seat on the part of her left hand; (b) her right buckbbbuck, her seat with the left hand, her kne, and her seat with the left hand, and the victim commits an indecent act, such as her knee, she intends to sit out with the victim’s hand, who intends to get out of the damaged her seat.

Accordingly, the defendant committed an indecent act by force against the victim who is employed by himself and under protection and supervision.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 26 copies of a photograph (CCTV course);

1. Application of Acts and subordinate statutes governing recording records;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant commits an indecent act against the victim by taking advantage of his/her occupational position.

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