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(영문) 대구지방법원 2015.01.29 2014고단3897
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the E's store located in Daegu-gu Seoul Metropolitan Government 108, and the victim F(n, 18 years of age) is the employee of the above company.

1. On February 6, 2014, around 15:26, the Defendant expressed the victim’s intention to refuse to do so, stating that the victim’s shoulder is “Ampha. Ip. Ip. Ip. Ip. Ip. Ip. Ip. Ip. Ip. Ip. I do not do so.”

Nevertheless, the defendant continued to have the shoulder of the victim for a total of four seconds.

Accordingly, the defendant committed an indecent act by force on the part of the victim under the supervision of the defendant.

2. On the 15th day of the same month, the Defendant sent a tobacco at the E parking lot on the 15th day of the same month to the victim “hacks, kis or defects,” and sent a Kakakao text message to the victim out of the victim.

The Defendant, along with the victim at the above location, wning tobacco with the victim, laid the Defendant’s hand over the right kids of the victim following the victim’s occupation and rhum and continued to use the victim’s boat, and tried to kid the victim’s kid. The Defendant tried to kid the victim’s kids on the view of the victim.

Accordingly, the defendant committed an indecent act by force on the part of the victim under the supervision of the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of F;

1. Statement of the police statement concerning F;

1. CCTV images (a CD accompanied by 103 pages of investigation records);

1. Application of Acts and subordinate statutes to each investigation report (to attach CCTV data in a mobile phone store and attach site photographs);

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 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;

1. The case in which personal information is registered under Article 334(1) of the Criminal Procedure Act.

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