The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. Although there is a fact of misunderstanding of facts and misunderstanding of legal principles that the defendant has brought the victim into both hands and hand, it is not an intention of indecent act as to whether it had been done with a long-standing friendship with the victim as an indication of friendship.

The judgment of the court below which found the defendant guilty 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. misunderstanding of facts and misapprehension of the legal doctrine regarding indecent act by compulsion include not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also cases where the act of assault itself is deemed an indecent act. In such a case, an assault does not necessarily require the degree of suppressing the other party’s intent, and insofar as the exercise of force against the other party’s will is against the other party’s will, regardless of the force’s shock (see, e.g., Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 2012Do3893, 2012Do14, 2012Do83, Jun. 14, 2012). Meanwhile, according to the following reasoning, “indecent act” means an act that causes sexual humiliation or aversion to the general public and thus infringes on the victim’s sexual freedom, such as the victim’s intent, age and age, 2012Do2820, etc., the lower court should have determined whether it constitutes an act.

In other words, at the time of the instant case, the Defendant was in the position of the general manager of the taxi call center, and the victim was in the position of the employee of the call center.