When the defendant does not pay the above fine, the defendant shall be confined in a workhouse for the period calculated by converting the amount of KRW 100,000 into one day.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

On October 6, 2016, from around 01:00 to 02:00 on the same day, the Defendant committed an indecent act with the victim D (Ga name, 21 years old) who is the employee partner of the C Center at which the Defendant works, together with E, drinks the victim who sits on the floor of the guest room at that place, and committed an indecent act with the victim’s her own son’s son’s son.

Summary of Evidence

1. Legal statement of D;

1. Statement made by the police in relation to D;

1. A written statement of D;

1. Investigation reports (investigation into the details, etc. of preparation of a victim's statement);

1. Four copies of an application for severe punishment, a report on other petitions, a statement of victim by date, and a statement of victim;

1. Investigation report (Investigation of the moving line on the date of damage);

1. Responses to cooperation with investigation;

Application of Statutes

1. Article applicable to criminal facts;

Article 298 of the Criminal Act (Selection of Fine)

1. Order to complete programs;

Article 62-2 of the Criminal Act; Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Invitation of a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the defendant and his defense counsel

At the time, the Defendant did not see the victim's her butt.

2. Determination

A. Relevant legal principles

1) In determining the credibility of a victim’s statement supporting the facts charged, the court shall assess the credibility of the victim’s statement by taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penology of the statement, which are being recorded in the open court after being sworn before a judge, and the penology of the statement (see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 2009). In a case where the victim’s statement is consistent and consistent with the facts charged, it shall not be rejected without permission, unless there is any other reliable material to deem that the victim’s statement conforms to the facts charged objectively and objectively (see, e.g., Supreme Court Decision 2004Do362, Apr. 15, 2005).

2) In conducting a trial on a sexual assault or sexual harassment case, the court shall pay attention not to lose gender-sensitive assumption so as to understand the issue of gender discrimination in the context of the case and realize gender equality. In light of the fact that the victims of sexual assault or sexual harassment have committed negative public opinion or disadvantageous treatment and disclosure of identity in the process of taking the issue into account due to the culture, awareness, structure, etc. of the perpetrator-centered in our society, the victim’s sexual assault or sexual harassment has been exposed to damage, etc., rather thanks to the victim’s negative public opinion or disadvantageous treatment and disclosure of identity, the number of countermeasures against sexual assault victims is bound to vary depending on the victim’s gender, relationship with the perpetrator, and specific circumstances. Accordingly, without sufficiently considering the special circumstances where the victim of sexual assault is faced in individual and specific cases (see Supreme Court Decisions 2017Du74702, Apr. 12, 2018; 2018Do709, Oct. 25, 2018).

B. Determination

In full view of the following circumstances admitted by the evidence duly admitted and investigated by this court, the victim’s statement directly consistent with the facts charged is reliable, and the facts charged are all proven. The Defendant and the defense counsel’s assertion is not acceptable.

1) Details of the instant case

A) Relationship between the Defendant and the victim

The Defendant is a person working for the Center and serving as a director general of the F Council (hereinafter referred to as the "Council of this case") of the relevant organization while working for the Center, and the victim is a person serving as the chief of the Office (Secretary) of the Council of this case from November 27, 2014. C Center is the head of the Center, the Defendant, H, I, J, K, and L. The instant Council is serving as the head of the Center, the Defendant, the I, the J, the J, the K, and L. The instant Council is serving as the exclusive manager for the support project for education expenses for high school students promoted by the Council of this case on November 27, 2014. The victim was employed as the exclusive manager for the support project for education expenses for high school students until March 15, 2018

B) The reasons why the Defendant, the victim, and E drink in the hotel room

On October 6, 2016, the Defendant and the victim went to Daejeon on October 5, 2016, which is the preceding day, to attend a conference related to the business held at the Daejeon B hotel. At this point, the Defendant and the victim have worked in the area of Sejong City, and they have drinking two-lanes at the place of Sejong City. The Defendant, the victim, and the victim have drinking three-lanes of alcohol at the hotel of the hotel where accommodation is scheduled, and they have drinking alcohol at the hotel of the hotel. The Defendant, the victim, the victim, and the E have drinking alcohol at the hotel of the hotel where accommodation is scheduled, and they have drinking alcohol at the hotel of the guest room, and have drinking alcohol at the floor between the bed and the bed.

C) Details of the victim's complaint

On March 2, 2018, the victim stated to the effect that "the victim was forced to commit indecent acts and sexual harassment by force from the defendant" at the ceremony of the employees of the K and other C Center, and on the 6th day of the same month, the victim stated the facts of indecent acts by force on the 9th day of the same month. The victim expressed his intention to retire from the defendant on the 9th day of the same month, and was consulted on the facts of indecent acts by visiting women and female juveniles of the Incheon Police Station on the 12th day of the same month. From the 13th day of the same month to the 15th day of the same month, the victim was called to the Chungcheong District and the head of the relevant center on the telephone call to the Chungcheong District and the head of the relevant center on the measures to protect the victims of indecent acts by force. The victim filed a complaint against the defendant on March 16, 2018.

2) Details of the victim’s statement, sensibility, consistency, rationality, etc.

A) The victim stated in an investigative agency and this court specifically and consistently as follows. The content of the victim’s statement is reasonable and reasonable, and includes information that contains more standardized cases, such as making a detailed and detailed statement to the extent that it is difficult to experience in the victim’s statement without direct experience.

(1) Statement to an investigative agency

This is because he drankly dices on the floor, and dices drinking. They dice too much. When E talks about the franchising, he saw that he she was fluoring about the left franchis. At the first time, E was aware of the franchising of the franchising, and the Defendant was not franchising, and even after re-verification, her franchising. The Defendant did not look at the franchising of the franchising and franchising of the franchising, and did not look at the franchising of the franchising and franchising of the franchising. The Defendant did not seem to have been aware of the franchising of the franchising of the franchis, and the Defendant did not have any franchising of the franchis.

(2) Statements in court

피고인, E와 함께 숙소에서 술을 마시던 중, E는 나와 눈을 마주치며 나에게 뭔가를 설명하고 있었다. 왼쪽 엉덩이를 누가 만지는 느낌이 들어서 그쪽을 놀래서 쳐다봤더니 피고인이 내 엉덩이를 만지고 있었고 나는 깜짝 놀라 바로 그 자리에서 일어나서 화장실로 도망쳤다. 그리고 화장실에서 마음을 추스르고 한참 뒤에 나왔을 때는 피고인은 잠이 들어 있었다. E는 나와 눈을 마주치고 있었기 때문에 잘 보았는지 못보았는지 잘 모른다. 종전 직장에서도 이런 성범죄 피해사실이 있었는데, 회사의 대표에게 알렸지만 나만 회사를 그만두고 신고도 못하는 피해를 입은 사실이 있어서 용기가 나지 않았다.

3) There is no motive for false accusation

In order for a victim to be subject to criminal punishment for his/her commercial defendant, there is no motive for the victim to file a complaint by taking care of false damage.

The Defendant asserts to the effect that the victim was employed as a member of the suspension from office of the C Center on the inside of the Defendant, but the Defendant did not help him/her, etc. However, the victim did not demand the Defendant to submit a written application for suspension from office and explicitly recommend the Defendant inside the place of suspension. In such a situation, the circumstance that the Defendant either did not recommend the victim inside the place of suspension from office or attempted the victim to be employed as a member of the suspension from office may be an opportunity for the victim to report the fact of indecent act by compulsion, but it is difficult to view that the victim’s false indecent act by compulsion was the motive for filing a complaint by referring to the fact of indecent act by force.

4) There is no reason to file a complaint by falsely tending the fact of injury by indecent act on the job where the victim is friendly with the Defendant.

A) E is inter-friendly with the Defendant, and there is no special relationship with the victim. The victim is active in several business tripss with the Defendant even before and after the transfer of the instant case. If the victim intended to find the Defendant guilty of a false crime, it would be more favorable for the victim to take the fact of the damage under the circumstances where the Defendant was in the last place.

There is no reason to file a complaint by referring to the fact of damage in the drinking place in which the victim is friendly E with the defendant one year and five months before the year and five months have passed.

B) “E” in this court stated to the effect that h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h.

5) Considering the special circumstances in which the victim is faced, the circumstance that the victim filed a complaint one year and five months after the victim suffered damage does not constitute a reason to reject the probative value of the victim’s statement.

A) From October 6, 2016 to October 15, 2018, the victim claimed that he/she suffered damage by indecent act, the victim filed a complaint against the Defendant for the crime of indecent act by compulsion.

B) However, in light of the aforementioned legal principles, the following circumstances acknowledged by the facts as seen earlier, namely, ① the Defendant was in the position to issue an order to the victim on duty and evaluate the victim’s ability to work, etc. as a direct superior to the victim, and the victim is merely a non-regular employee of the Council of this case, and there was a possibility that the victim would be at a disadvantage in the state of Dolin position in the process, if the victim wants to raise an issue to the effect that the Defendant’s indecent act by force was committed by the Defendant and the Defendant’s punishment was committed. ② The victim was damaged by the demand for sexual contact from an insurance solicitor, who was at the previous workplace, by failing to receive any protective measure even if he did not inform the representative of the fact, and eventually was in the experience of her retirement. Considering the special circumstances where the victim was faced, the circumstance that the victim filed a complaint about one year and five months after the victim’s aforementioned injury does not constitute grounds for

Reasons for sentencing

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime:

The Defendant committed an indecent act by force by force by committing the instant indecent act by force by force. The Defendant appears to have a shotde of considerable mental suffering due to the instant indecent act by force. The Defendant consistently and did not recognize mistake. The Defendant did not have been able to have been shotd from the victim.

The defendant does not have any criminal power, and the degree of indecent act by compulsion is not heavy.

Registration of Personal Information

Where a conviction on the instant criminal facts becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of

An order to disclose and notify personal information, and exemption from employment restriction orders;

Comprehensively taking account of the Defendant’s age, occupation, environment, social relation, background of the instant crime, circumstances after the instant crime, relationship between the Defendant and the victim, disclosure and notification of information on the Defendant, the effect expected to be restricted from employment, and the disadvantage and anticipated side effects of the Defendant resulting therefrom, etc., there is a special circumstance that the disclosure and notification of the Defendant’s personal information and the employment of the Defendant shall not be restricted. Accordingly, there is no restriction on the Defendant’s employment without disclosing or notifying the Defendant’s personal information pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse