A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

Defendant

In addition, the person subject to the request for attachment order (hereinafter referred to as the “defendants”) is the customer of the “A” route in Gwangju-gu, and the victim P(n, 18 years old) is a part-time student of the said shop.

피고인은 2019. 12. 19. 19:00경 위 가게 내에서 피해자에게 “내가 단체 손님이 있다는 걸 깜빡했네.”라고 말하며 양손으로 피해자의 양 볼을 잡아 쓰다듬고, “음료수를 가지고 와라.”라고 말하며 손으로 피해자의 허벅지 뒤쪽을 톡 치고, 피해자가 “음료수 어떤 거로 가져다드릴까요 ”라고 하자 “네가 알아서 가지고 와.”라고 말하며 피해자의 엉덩이를 손바닥으로 톡 치듯이 만졌다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Recording records;

1. Application of Qua’s written law

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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) (see, e.g., Supreme Court Decision 2009Da14466, Nov. 26, 2019) appears to have a certain degree of expectation that the effect of recidivism can be prevented even by taking into comprehensive account the Defendant’s age and occupation, relationship between the Defendant and the victim, other preventive effect expected by the disclosure or notification order, the disadvantage

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;