The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (fact-finding) lies in the fact that the Defendant, at the time and place specified in the facts charged, drinks with the victim, who is an employee of the company run by the Defendant, together with the victim, at the time and place indicated in the facts charged. However, even if the victim’s macks off his her mack, or macks her chest, there is no intention to commit an indecent act.

Nevertheless, the judgment of the court below that convicted the defendant of the facts charged of this case is erroneous in mistake of facts.

2. The grounds for appeal ex officio are examined ex officio prior to the determination of the grounds for appeal.

Since the crime of indecent act by compulsion constitutes a crime under Article 2(1)3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, it constitutes a sex crime subject to registration under Article 42(1) of the same Act and is subject to an order to disclose and notify personal information under Articles 47 and 49 of the same Act.

Nevertheless, the lower court found the Defendant guilty of the facts charged and omitted the judgment on the order to disclose and notify personal information of the Defendant. Since the order to disclose information is an incidental disposition that is sentenced simultaneously with the conviction, so long as the appeal is filed against the Defendant, the order to disclose information is included in the scope of the appellate trial’s trial, and if the whole or part of the order to disclose information is unlawful, the part of the order should be reversed in its entirety, even if there is no illegality in the remaining part of the Defendant’s case (see Supreme Court Decision 2012Do5291, 2012Do112, Jun. 28, 2012). In this regard,

However, even if the judgment of the court below has such reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court, and this is examined.

3. Judgment on the defendant's assertion of mistake of facts

A. The summary of the instant facts charged is around 22:00 on March 28, 2014.