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

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

Punishment of the crime

The Defendant, as the president of the “C cafeteria” restaurant in Western-si B, placed the victim D (Nam, 30 years old), who worked as an employee for food delivery, under his/her supervision and control.

The Defendant, from around 13:30 to 16:00 on August 2018, 2018, moved between the kitchen and the hole of the above restaurant, and was at the end with the victim, committed an indecent act by the victim’s chest with his own hand.

In addition, the Defendant committed an indecent act by force against the victim, who is under his/her protection and supervision due to work, employment, or other relationship, five times from the above date and time to December 5, 2018, from around 09:0 to around 10:00.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. Application of statutes on site photographs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders, notification orders, and employment restriction orders; 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; the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; thus, it is difficult to readily conclude that the Defendant has a risk of sexual assault and recidivism since he/she has no record of punishment for sexual crimes; and the Defendant’s Naba environment, social relationship, etc. can only be seen as having the effect of preventing recidivism.