성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
The defendant's appeal is dismissed.
Summary of Reasons for appeal
A. In fact, misunderstanding the legal doctrine and misunderstanding the legal doctrine, the victim, as an assistant teacher for nursing with professional skills and qualification certificates, had special characteristics that enable him/her to work for another hospital at any time. Considering the victim’s hospital status at the time, the victim exercised his/her ability to control his/her free will immediately on the sole basis that the Defendant was in an employer’s status.
shall not be determined.
Even if the defendant had such power, the defendant had such power.
Even if this case's physical contact itself is completed in the course of a private talk, and the physical contact is not by force, but by force, it is naturally formed as a relationship between a sexual intercourse, so it cannot be viewed as an indecent act by occupational force.
B. The punishment of the lower court (one year of imprisonment, two years of suspended sentence, and 80 hours of sexual assault treatment lectures) is unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. The Act on the Punishment of Sexual Crimes and the Protection of Victims Thereof refers to the power sufficient to suppress the victim's free will. Since it is not tangible or intangible, it is also possible to use not only assault and intimidation but also social, economic, political status or authority. It also includes cases where force is recognized that the body of force is an indecent act. In such a case, it is not necessary to practically control the victim's free will.
Whether an indecent act by force was committed ought to be determined by comprehensively taking into account all the circumstances, such as the content and degree of the tangible power exercised, the status of the actor or the authorized person using it, the age of the victim, the relationship between the perpetrator and the injured person before, the circumstances leading to the act, the form of specific act, and the circumstances at the time of the crime (Supreme Court Decision 9 July 9, 2020).