However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant is the operator of B(State) and the victim C(M, 45 years old) was an employee working for the above company.

On September 23, 2019, the Defendant promised that the victim would not engage in any behavior that the victim would be able to take or will be able to move back to the victim again, and that the victim would not engage in any behavior that the victim would be able to escape from office.

피고인은 2019. 9. 30. 12:50경 경기 의정부시 D아파트 상가 2층 남자 화장실 안에서 창문을 통해 피해자가 걸어가는 모습을 지켜보고 있던 중, 피고인이 위와 같이 몰래 피해자를 지켜본다는 사실을 눈치 챈 피해자가 위 화장실에 찾아가 문을 수차례 두드려 피고인을 밖으로 나오게 한 후, "사장님 또 쳐다보셨죠 진짜 이러시면 안돼요. 더 이상 못하겠어요. 저 그만 둘 테니 2주안에 사람 구하세요"라고 말하자, 화가 나 갑자기 피해자를 밀쳐 넘어뜨리고 피해자의 입을 한 손으로 막은 후 다른 손으로 피해자의 가슴을 만져 피해자를 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The application of each letter of statement to C by the police officer, each recording recording, and statutes governing field photographs;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 17338, Jun. 2, 2020); and the Welfare of Disabled Persons Act.