A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On May 20, 2019, the Defendant: (a) was a person who operates the Category D (D) in Busan Northern District B World Co., Ltd.; (b) committed an indecent act by force against the victim E (23 years of age) who visited the said E-S (23 years of age) in order to file an objection in the said E-S (E).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on investigation (report on telephone communications of a victim);

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 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation and Order to Attend Education;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Scope of punishment by law: One month to ten years;

2. Reduction elements of types 1 (general person who is a person under the age of 13 or more) and reduction elements of punishment according to the sentencing guidelines: In cases where the exercise of tangible force is considerably weak, non-exclusive mitigation areas (the area of recommendation and the scope of recommendation), special mitigation areas, month of imprisonment or year;

3. According to the decision of sentence, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive, means and result of the crime, and various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime.

The crime of this case is not likely to be a crime because the defendant committed an indecent act on the part of his own.