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(영문) 수원지방법원 2015.09.24 2015고단3395
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 is a person who is working as the head of the D Design Team, Co., Ltd. in the area of Suwon-si, and the victim E (the age of 21) is a person who worked as the design team leader at the above company as an employee directly subordinate to the defendant's office.

1. Around 21:00 on December 5, 2014, the Defendant: (a) moved to the seat adjacent to the victim’s right side; (b) moved to the victim’s right side; and (c) moved to the victim’s right side to the buckbucks twice in the hands room; and (d) the victim used the gap of the single fishing vessel to the other victim’s right side to the other employee on one hand in order to comply with other employees.

Accordingly, the Defendant committed an indecent act by force against the victim, who is a subordinate employee under his supervision due to the business relationship.

2. Around 21:00 on December 30, 2014, the Defendant moved the company team to the seat adjacent to the victim’s right side, and opened the victim’s right side bucks into the floor of the hand.

Accordingly, the Defendant committed an indecent act by force against the victim, who is a subordinate employee under his supervision due to the business relationship.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to prosecutions and police statements of E;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction of the accused against each of the crimes stated in Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person is subject to registration

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