(영문) 서울동부지방법원 2015.06.25 2014고단3936

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2015.06.25 2014고단3936

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The defendant is a motion picture supervisor, and the victim D (the age of 19) is a person who has contributed to a motion picture taken by the defendant as a student of the drama arts department in the first year.

On September 20, 2014, at around 15:30, the Defendant 15:30 on September 20, 2014, carried the Victim’s hand while carrying the Victim’s hand on the top of the Defendant’s vehicle and moving the Victim to a photographed area located at a distance of five minutes from the restaurant, and was given an opportunity for the Victim’s hand.

1. At around 18:30 on September 20, 2014, the Defendant completed filming a p.m. on the top of the front of the Defendant’s vehicle and moved the victim to a nearby restaurant, the Defendant, by hand, set the victim’s face, and then put the victim into the victim’s seat.

2. Around 20:00 on September 20, 2014, the Defendant: (a) finished a shower on the nearest restaurant; (b) called the victim’s vehicle on his/her own hand, and then, (c) taken the victim into the victim’s seat with his/her own hand, and (d) put the victim into the victim’s seat with his/her hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Selection of fines under Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of fines in consideration of the fact that the accused is recognized to have committed his/her own crimes late at the latest, that the victim does not want the punishment of the accused by agreement with the victim, and that the accused has no same criminal history)

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제10조 제1항

-형법 제37조

-형법 제38조 제1항 제2호

유사 판례

-광주지방법원 2018.10.05 2018고합202

-인천지방법원 2014.08.13 2014고합327

-춘천지방법원 원주지원 2017.08.16 2017고합44

-대구지방법원 2013.10.24 2013고단2006

-서울남부지방법원 2017.06.08 2017고합78