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(영문) 의정부지방법원 고양지원 2015.05.01 2014고단2812
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
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

The defendant is a director of management department D Co., Ltd. that operates with C in partnership with C, and is in the position of supervising the victim E (the age of 38) who is an employee of the management department as a business and an employment relationship.

Around 01:00 on June 28, 2014, the Defendant had two-lanes with his employees in the Gsing room located in Soyang-gu F in Goyang-gu, Goyangyang-gu. On the other hand, the Defendant took the victim’s hump in front of the singing machine by getting the victim’s humf who sits in and singing. The Defendant continued to put the victim’s humf with one hand and humf with other descendants on the shoulder of the victim, even though the victim refused to do so and followed the body, the Defendant continued to put the victim’s humf and humf with other descendants on the shoulder of the victim.

Accordingly, the defendant committed an indecent act by force against the victim under his supervision due to business and employment relationship.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant asserts that each legal statement of witness E and H may be an act that may be subject to moral criticism, but may not be deemed an indecent act, in the form of proposing the victim's dancing.

The crime of indecent act by force on duty refers to an indecent act committed by a deceptive scheme or by force against a person under his protection or supervision due to the employment or other relation of business. In this case, the force refers to a sufficient force to suppress the victim's free will, and it is possible to use not only assault and threat, but also social and political status or authority because it is not tangible or intangible, and it also includes a case in which the act of force itself is recognized as an indecent act. In this case, the power does not require that the victim's free will will be practically threatened. In addition, the indecent act causes sexual humiliation or aversion to the public objectively and goes against the good sexual moral sense.

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