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(영문) 대전지방법원 서산지원 2014.06.27 2013고단1014
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

(A)The defendant is a person who is the chief of C's Safety Department, and the victim D(V, 49 years old) is a staff member of C's fire surveillance day.

The defendant, as a workplace commercial of the victim, had a mind to commit an indecent act against the victim by using the fact that the victim could not easily refuse the defendant's demand due to the situation that the victim needs to maintain his/her workplace life for

1. Around 10:00 on April 20, 2013, the Defendant committed an indecent act by force against the victim under the protection and supervision of the Defendant due to his/her business relations, by using his/her own arms, such as the victim, etc., who was sitting at the (ju) C container construction section in Hyundai Steel Co., Ltd. located in Siljin-si.

2. At around 15:00 on May 10, 2013, the Defendant committed an indecent act by force against the victim under the protection and supervision of the Defendant due to his/her business relations, after having reported the victim to perform a fire surveillance work at the (one-time shop) construction site in Hyundai C, the construction site in Hyundai C, and after having reported the victim to perform a fire surveillance work in the space, the victim et al., followed by the victim et al.

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to the prosecutor's statement of D;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of a selective fine (the defendant has no previous conviction in the same manner, and the defendant's age, occupation, etc.);

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 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where the conviction of the accused is finalized on the facts constituting a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such personal information shall be

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