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(영문) 부산지방법원 2017.08.30 2017고단3415
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compact by force, etc.) is a relationship in which the Defendant manages and supervises the victim D (e.g., 20 years of age) who works as a security manager of a branch office in C from December 2, 2016 to take charge of general affairs under the part of the Defendant from around December 2016.

On December 26, 2016, the Defendant completed a meeting of around 22:30 on December 26, 2016, and came to a F 307 in Young-gu, Busan, U.S., with his own spke car on board and without having the victim's house on board.

The defendant sits on the side of the victim who sits in a sofa, and is fit for the victim's own entrance, and the chest of the victim was two times by one hand.

Accordingly, the Defendant committed an indecent act by force on a person under his/her protection and supervision due to his/her duties, employment or other relations.

2. On December 26, 2016, the Defendant was driving his H SP car at a section of about 10 km from the parking lot of Jung-gu Busan Metropolitan City to the front day located in Young-gu E-gu without a driver’s license on December 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the register of criminal complaints, text messages, and driver's licenses;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of pursuit by any occupational force, etc.), and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

1. Selection of each alternative fine for punishment;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes where a conviction becomes final and conclusive with respect to the crime under Article 334(1) of the Criminal Procedure Act, which is a sex offense subject to registration to be registered.

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