The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the sense that the Defendant, who was familiar with the victim, wanting to give assistance and encouragement to the victim to the extent of ordinary private talks, paid quiz, and the victim was well aware of the victim's answer. The victim's right hand behind the victim's left hand, and the defendant did not have any intent to force the victim by force.

B. In light of the fact that the Defendant is subject to the recommendation for promotion even after receiving a fine as quasi-public official status, and the Defendant’s family relationship, etc., the lower court’s sentence (2 million won) is too unreasonable.

2. Determination

A. In the crime of indecent act by compulsion against mistake of facts, the term “indecent act” in the crime of indecent act by compulsion of facts objectively causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it constitutes such act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of act, and the objective circumstances surrounding

In addition, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). Circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the victim, who is a cleaning agent, said that the victim had quiz while making such a talk, such as that the Defendant would drink alcohol, and did not want to do so, provided that he would be punished. However, the victim would not want to do so.