A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the owner of a restaurant in Seongbuk-gu Seoul Metropolitan Government, and the victim D (n, 21 years old) is an employee of the above restaurant, who is under the protection and supervision of the Defendant due to employment relationship.

On March 21, 2017, the Defendant, at around 13:35, committed an indecent act by force against a victim, who is under the protection and supervision of the Defendant, on four occasions in total, as shown in the attached list of crimes, from the time until April 7, 2017, by taking advantage of the fact that the victim was unable to actively refuse due to the above employment relationship, he/she met with the victim's hand, as he/she takes charge of the victim's shoulder with the victim's hand, by taking charge of the victim's hand, and by taking charge of the victim's hand, he/she committed an indecent act by force against the victim who was under the protection and supervision of the Defendant due to his/her duties, employment or other relations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of CCTV reproduction CD-related Acts and subordinate statutes;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reasons for sentencing are as follows, and the age, occupation, and sex of the defendant is committed.