Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who has worked as a member at the B hotel in Seopopo City B, and the victim C (the age of 33) is a person who works as a principal in the above B hotel.

피고인은 2017. 5. 1. 00:50 경 위 B 호텔 프론트에서 혼자 근무를 하고 있는 피해자에게 다가가서 근무일 조정을 요구하면서 손으로 피해자의 왼쪽 팔짱을 끼고, 이에 피해자가 팔을 빼면서 거부를 하자 양손으로 피해자를 껴안아 피해자를 강제로 추행하였다.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Images recorded by CCTV images;

1. Application of the Acts and subordinate statutes to photograph CCTV images recorded at the scene of crime;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s act of the assertion cannot be seen as an act of excessive physical contact to the extent that the victim would cause sexual humiliation or aversion, objectively, and thus does not constitute an indecent act by force.

2. According to the evidence adopted and examined by this court, the following facts can be acknowledged.

(1) Both the defendant and the victim are the members of the B hotel, and the victim is superior to the defendant.

② While under the influence of alcohol, the Defendant found the victim working in the new wall 00:50 on the day of the instant case, and applied for adjustment on the working day.

③ 그 후 피고인은 프론트 데스크 안으로 들어가 피해자의 옆에 붙어 왼쪽 팔짱을 끼는 행동을 하였고, 피해자는 팔을 빼내는 동작을 하였는데 피해자의 동작은 상당히 크고 거칠었다 (CCTV 영상 00:52 :00 직전 부분). ④ 그 후에도 피고인은 다시 피해자의 팔짱을 꼈고...