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(영문) 창원지방법원 2016.11.10 2016고단2973
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated the two main points of the "C" on the second floor of the Kim Sea-si B building in Kimhae-si.

On July 23, 2016, from around 01:00 to 03:00, the Defendant allowed the victim D (the 24 years of age) who is an employee of the Defendant to sit in the Defendant’s friendship and drink within the above main point, and committed an indecent act by force against the victim by neglecting the victim’s her body, neglecting it, and neglecting the victim’s buckbbbbbbbs, leading the victim to commit an indecent act by force due to the employment relationship.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The sentence identical to the order was determined by comprehensively taking into account the following: (a) the details and method of the crime committed in the sentencing of Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; (b) the degree of indecent act; and (c) the initial offender.

Where this judgment on the registration of personal information becomes final and conclusive, the accused shall be a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile

In light of the details of a crime subject to an order for disclosure or exemption from notification, the history of punishment, etc., a special circumstance that may not disclose personal information pursuant to the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be deemed to exist.

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