A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the conclusion of this judgment.

Punishment of the crime

The defendant is a person who operates a health club in which a male-friendly worker B(n, 27 years old) is working with a trap.

1. 준강제추행 피고인은 2019. 8. 31. 02:00경에서 03:00경까지 강원 횡성군 D에 있는 E 캠핑장 텐트 안에서 피해자의 남자친구 C에게 샤워를 하고 오라고 말한 후 C가 자리를 비운 틈을 이용하여, 잠을 자고 있던 피해자의 침낭을 열고 피해자의 옷과 브래지어를 걷어 올린 뒤 피해자의 가슴과 젖꼭지를 만지고, 계속하여 키스를 하고 팬티 안으로 손을 집어넣어 피해자의 음부를 만졌다.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the mental condition of the victim.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, took photographs of the body of the victim against the will of the victim by using the cell phone equipment of the Defendant, while setting up the victim at the time and place specified in paragraph (1), in committing an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. A report on investigation (Attachment to the contents of conversations Kakaooooo);

1. Investigation Report - Application of the Acts and subordinate statutes governing requests for appraisal;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act on the selection of punishment, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using cameras, etc.) and the selection of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;