A. misunderstanding of facts and misunderstanding of legal principles are the facts that the Defendant took place in a beds with the victim at the time and place stated in paragraph (1) of the criminal facts stated in the judgment of the court below, the fact that he took the victim's losses at the time and place stated in paragraph (1)(b) of the same Article, and the time and place stated in paragraph (2) of the same Article, but there is no other fact that the Defendant committed an indecent act against the victim, not by the intention

Even if such act was committed, it is not an indecent act by exercising occupational power, assault or intimidation, but there was no intention to commit an indecent act.

The judgment of the court below convicting each of the facts charged of this case is erroneous.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. 1) The crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Law on the Punishment, etc. of Sexual Crimes) is established when an indecent act is committed by deceptive means or by force against a person under his/her protection and supervision due to work, employment and other relation. In such a case, “defensive force” is a force sufficient to suppress the victim’s free will, and is neither tangible nor intangible nor intangible, it is possible to use not only assault and threat, but also social and political position or authority, and accordingly, it does not require that the victim’s free will will be threatened (see Supreme Court Decision 2007Do8135, Nov. 29, 2007). Meanwhile, “Indecent act” refers to an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and whether it constitutes such act is an infringement on the victim’s sexual freedom. In full view of the victim’s intent, gender, age, relationship between the offender and the victim, specific circumstances leading to the act, objective circumstances leading to its sexual morality, etc.