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(영문) 울산지방법원 2015.03.26 2014고단3635
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, from August 13, 2014, was a person operating a restaurant among “D” in Ulsan-gu, Ulsan-gu, and from around August 13, 2014, managed ice-related affairs conducted by the victim E (n, 22 years of age) who worked as a part-time employee at the above restaurant.

1. Around 05:00 on August 22, 2014, the Defendant, who committed the crime committed on August 22, 2014, called that he/she would drink with the victim and get the victim to gather the victim at the above restaurant, was parked in the head of his/her FK7 car operation, and then parked the said vehicle in the He/she was on the He/she’s neighboring street in Ulsan-gu G, Ulsan-gu, and talked with the victim on the vehicle.

In the meantime, the Defendant asked the victim with the mind to commit an indecent act against the victim in a timely manner, and asked the victim “I see once”, and in spite of the victim’s refusal to do so, I saw the victim by double hand, and kidd the victim with the influence of entering the victim.

Accordingly, the defendant committed an indecent act by force against the victim under the protection and supervision of the defendant due to his duties.

2. On August 28, 2014, the Defendant, as indicated in the preceding paragraph, proposed to take the victim’s house as in the preceding paragraph at around 05:00 on August 28, 2014, went to the head of the operation of the said K7-car and parked the said vehicle on the Hins or neighboring street in Ulsan-gu G, Ulsan-gu, and talked with the victim on the vehicle.

At this time, the Defendant stated that “the Defendant has so many times?” and stated that “the part of the victim’s ship by hand, etc. is less than twice, and the victim was hicked by hand, and the part of the victim’s bucks, etc. was written by hand.

Accordingly, the defendant committed an indecent act by force against the victim under the protection and supervision of the defendant due to his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E;

1. Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is applicable to the relevant criminal facts and selective punishment;

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