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(영문) 대구지방법원 2014.02.20 2013고단7046
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 22:00 on November 17, 2013, the Defendant committed an indecent act, such as: (a) the Defendant, on the part of the Defendant, committed an indecent act, on the part of the Defendant, by holding the victim D (n, 26 years of age), working for the said her employees, to be aware of the said her inside; (b) holding the victim’s chests off by exercising power; (c) holding the victim’s chests 2:3 times to 3 times to 2:5; and (d) bringing the victim’s fingers to her gender; and (e) taking the victim’s fingers to her hand; and (e) having the victim aware of the said her fingers with the victim, making the Defendant’s sexual flag contact the victim’s her

Accordingly, the Defendant committed an indecent act by force on a person under his/her protection and supervision due to his/her duties, employment or other relations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to report the occurrence of and accompanying to a case against the Act on the Punishment, etc. of Sexual Crimes;

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

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. Where a conviction of a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant 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 is obligated to submit the personal information of the Defendant to the head of the competent police office pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration, and the effect of protecting the victim.

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