The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles: The Defendant, as the Defendant was in distress, took the part of the victim’s her lele with his leleth, and reached knife with his leth, which does not constitute an indecent act, but did not have an intention to engage in the conduct.

B. Improper sentencing: The punishment of the lower judgment (the amount of KRW 5 million, and the completion of sexual assault treatment programs for 40 hours) is too heavy.

2. Determination

A. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on Special Cases Concerning the Punishment, etc.”) is established when an indecent act is committed through a deceptive scheme or by force against a person under his/her protection and supervision due to his/her duties, employment or other relationship.

In such cases, "a person under his/her protection and supervision due to his/her duties, employment, or other relationship" includes not only a person who is subject to organizational protection or supervision due to the internal rules, etc. of the workplace but also a person who may have influence on his/her duties, employment, etc. within the workplace.

In addition, the term "power" means sufficient force to suppress the victim's will of freedom, which is neither tangible nor intangible, nor intangible, so it is possible to use not only assault and intimidation but also social, economic, political status or authority, and thus, it does not require that the victim's will of freedom should be threatened in reality.

One part of the "comfort conduct" is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus infringing on the victim's sexual freedom. Whether an act constitutes it is determined by comprehensively taking into account the victim's intent, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific manner leading to the act, the surrounding objective situation, and the sexual moral sense of that time, and it is recognized that the body of force is an indecent act.