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(영문) 창원지방법원 진주지원 2018.09.11 2018고단818
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
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Defendant shall be punished by a fine of five million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant was a person who was the manager of the E store in Jinju City, D, and the victim F (V, 20 years of age) is a former employee of the above store.

1. On April 5, 2018, the Defendant committed the crime around Jinju-si around 13:50 on April 5, 2018, at the E sales account room located in Jinju-si, the E sales account room located in D, where other employees give a shoulder to the victim F who was in his/her place, and later, the Defendant took charge of both the victim’s shoulder by hand and hacking the victim’s shoulder, and brought the victim’s her sexual flag to several times.

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

2. On April 7, 2018, the Defendant committed the crime at around 20:0 around April 7, 2018, at the same place as Paragraph 1, around April 2018, and between other employees, the Defendant gives a shoulder to the victim F who was in a cellular phone, and the Defendant takes the shoulder to the victim F, who was in a cellular phone at that place, and then the Defendant took charge of both damages of the victim, and the victim “Sicking, licking, licking, and licking,” and any thoughts are thoughted.

"" and the victim's her her mbrym has brought more depth to his her mbry on several occasions.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Investigation report (specific time for investigation into on-site CCTV and crime);

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, and Selection of fines;

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 sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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