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(영문) 인천지방법원 부천지원 2013.07.10 2013고단873
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of the convenience store D in Seocheon-si, Nowon-gu, Seoul. The victim E is the owner of the convenience store from February 18, 2013.

3. Until November, 198, he worked as an employee of the above convenience store.

On February 25, 2013, at the convenience store around 18:05 on February 25, 2013, the Defendant, as his hand, experienced the desire of the victim to do work, and bucks in the victim’s inner bucks.

The defendant in addition to this, and from that time,

3. By November, 198, the victim who was supervised by the defendant through the employment relationship was committed by force as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to data concerning visual recording of on-site CCTV;

1. Article 10(1) of the relevant Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes selected by the method of criminal facts (wholly amended by Act No. 1156, Dec. 18, 2012); selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Gu;

1. Where this judgment becomes final and conclusive as to whether a provisional payment order is a registration or disclosure order of personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 42(2) of the same Act.

However, an order for disclosure and notification of registered information is not an order for disclosure and notification of registered information, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the defendant's tendency of unsatising (not high possibility of re-offending) on the defendant's military force.

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