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(영문) 서울남부지방법원 2014.04.30 2014고단417
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a certified tax accountant office on the third floor of Yangcheon-gu Seoul Metropolitan Government C building.

1. On October 16, 2013, at the above office around 18:15, the Defendant committed an indecent act by force against the victim under the supervision of the Defendant due to employment relationship, such as: (a) the victim D (n) employed by the employee as well as 23 years old; (b) the victim, who is preparing to retire after drinking by dividing alcoholic beverages into two arms; and (c) the victim, who tried to sing to scam and scam the scam.

2. At around 19:00 on the same day, the Defendant committed an indecent act by force against the victim under the supervision of the Defendant due to employment relationship, such as: (a) at the victim’s house located in the Nam-gu Incheon Metropolitan City E; (b) during the beer of the beer of the beer of the beer of the beer of the beer of the beer of the beer of the beer of the beer of the beer of the beer; and (c) during the beer of the beer of the beer of the beer of the beer of the beer of the beer of the beer of the beer of the beer of the beer of the be

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of victims D;

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 sentencing reason of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the order of provisional payment does not mean that the nature of the crime in this case is light of the method and content of the crime in this case, relationship with the victim, circumstances and process leading to the crime. However, the fact that the defendant recognized his mistake and reflects his depth, that the defendant agreed with the victim, that there was no record of punishment except that sentenced to a fine due to the violation of the Road Traffic Act in 199, and that there was no other various sentencing conditions such as the defendant's age

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