logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.04.05 2017고단3852
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person working as a business agent for technology in Seongdong-gu Seoul Metropolitan Government "D Limited Company 1413, and is in the position of managing and supervising victims E (n, 27 years of age) who is an employee of the same company.

1. The Defendant, at around December 26, 2016, committed an indecent act by force against a victim under his/her own protection and supervision due to his/her business relations by stating that he/she was in Gangnam-gu Seoul, Gangnam-gu, Seoul, with the victim and she got a cab together with the victim.

2. On October 31, 2017, around 23:30, the Defendant committed an indecent act by force on the part of the victim, who was under his protection and supervision due to his business relations, while leaving a local business trip with the victim and going back to his respective guest rooms after going through a local business trip and providing meals to the guest rooms in the city of Chang-gu, Seoul Special Metropolitan City., the Defendant committed an indecent act by force on the victim’s shoulder.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (Analysis and recording records of on-site CCTV images);

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

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 the Punishment of Sexual Crimes Committed to Order and Protection of Victims Thereof;

1. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by comprehensively taking into account the following circumstances and the conditions of sentencing as indicated in the records, such as the defendant’s age, occupation, sex, family relation, circumstances before and after the crime, and relation with the victim.

Due to each of the crimes in this case, the victim seems to have suffered a large sense of shame, insult, and uneasiness.

Prior to the instant case, the Defendant.

arrow