Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant and the victim B (the age of 28) were between the parties who were in the same workplace.

피고인은 2019. 12. 19. 22:00경 서울 양천구 C 앞 노상에서, 피해자의 직장 동료들과 1차로 회식을 마친 후, 다른 장소로 이동하기 위해 대기하면서 팔짱을 끼고 서있는 피해자를 발견하고 피해자에게 다가가, 갑자기 오른팔을 피해자의 왼팔 안쪽으로 집어넣어 팔짱을 끼면서 오른쪽 손등을 피해자의 왼쪽 가슴에 닿게 하고, 이에 옆에 있던 직원이 “이렇게 하면 큰 일 난다, 하지 말라.”고 말하면서 이를 말리자, 피고인은 “내가 영계 팔을 이럴 때 아니면 언제 껴 보겠냐.”라고 말하면서 팔을 풀었다.

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

Summary of Evidence

1. Application of the police's written statement B to the defendant's court statement

1. Relevant Article 298 of the Criminal Act concerning criminal facts, Article 298 of the chosen criminal punishment, Article 62 (1) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed through Education, and Article 16 (2);

1. The sentencing conditions under Articles 70(1) and 69(2) of the Criminal Act (in a case where a suspended sentence of imprisonment is invalidated or revoked, the sentence shall be determined as ordered by taking into account the following circumstances, including the defendant’s age, character and conduct, environment, motive and circumstances of the crime, etc.:

A person who commits an indecent act against the victim's will and causes pain to the victim by committing sexual harassment;

I. The defendant led to confession

The victim does not want to punish the defendant by mutual consent with the victim.

(a) The method or degree of exercising tangible power is relatively short;

(k) have no criminal records of the same kind;

In this case, where a conviction on the criminal facts that are subject to registration becomes final and conclusive, the defendant is subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.