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(영문) 인천지방법원 2015.11.05 2015고단3764
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant was a person working as a working assistant in the “E”, who is the subcontractor for the production of a motor vehicle M in Bupyeong-gu Incheon Metropolitan City (GM), and the victim F (M, 35 years old) was under the supervision of the Defendant as a member of the work that the victim worked as a steering assistant.

1. At around 11:10 on April 30, 2014, the Defendant committed an indecent act by force against the victim, who is under the supervision of the Defendant due to business relations, by using the victim’s side or her mor, in a way that the victim, who takes rest, shows his/her body and shows his/her chest.”

2. On June 17, 2014, around 22:30, the Defendant committed an indecent act by force against the victim under the supervision of the Defendant due to his/her business relationship in a manner that, in front of the said “E” room, the victim was approaching the rest room and the stairs, and “I want to do so once a ditch.” In addition, the Defendant committed an indecent act by force against the victim under the supervision of the Defendant due to his/her business relationship.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Each legal statement of F and G;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Article on criminal facts, and Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognized that the defendant committed a crime; the defendant does not want the punishment of the defendant; the victim does not want to be punished; the degree of force exercised by the victim is weak; the degree of indecent act is relatively minor; the defendant does not have any criminal records since 1998; the defendant does not have any criminal records for the same kind of offense; and the defendant's age, character and conduct shown in the records and arguments

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