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Reasons
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(영문) 대전지방법원 2016.08.17 2016고단1523
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
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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

The Defendant was occupied by C, and the victim D (the age of 22) was an employee from January 25, 2016 to March 22, 2016.

1. On February 16, 2016, from around 13:00 to around 15:30, the Defendant committed an indecent act by force on the victim’s right side bucks, where the Defendant 2 to 3 times aground the Defendant’s hand on a wucking wucking box, and on the part of the victim’s wucking box, who was able to be protected and supervised by the Defendant due to business, employment relations.

2. On February 23, 2016, from around 19:00 to around 24:00, the Defendant talked about the victim’s deductible expenses at the same place as above, and committed an indecent act by force on the part of the victim’s right bucks, which he was seated in the above method, on the part of the victim’s right bucking spacks, where he was aground and 2 to 3 times, with the Defendant’s hand on the part of the victim’s seat seated in the above method.

3. From around 20:00 on March 14, 2016 to around 23:30, the Defendant made a statement to the effect that “I would create a woman to be married even if I would do so,” at the above location, the Defendant committed an indecent act by force on the victim’s right bucks, bucks, and 3 times, on the victim’s right bucks, and the victim under the Defendant’s protection and supervision due to employment relations.

Summary of Evidence

1. Statement made by the prosecution with regard to D;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which may be applicable to the crimes, and Article 10 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The fact that a person injured by reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order wishes to punish a defendant is disadvantageous.

It is the first offender, and the degree of conduct.

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