logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 부산지방법원 2017.10.23 2017고단3390
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

No indecent act shall be committed against a person under his/her protection and supervision due to his/her duties, employment or other relationship by deceptive means or by force.

The Defendant is the head of the management department of the “C” main point located in the second floor of the Busan Jin-gu B building in Busan Special Metropolitan City, and the head of the management department of the “C” branch office, who manages and supervises entertainment visitors, and the victim D is the amusement reception service provider working at the above main point.

On February 9, 2017, the Defendant: (a) from the main stairs of “C” located on the second floor of the Busan District B building in Busan District, Busan District, on February 23:00, the Defendant called “C” to the victim; and (b) the victim’s right chest was sent one time to the victim.

In other words, the victim committed indecent acts, such as making the right chest of the victim at the right chest once.

Accordingly, the defendant committed an indecent act by force against the victim who was employed and supervised by himself.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 10 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

5. A judgment of conviction shall be rendered on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, which constitutes a sex offense subject to provisional payment order.

arrow