The defendant's appeal is dismissed.

1. The summary of the grounds of appeal revealed that the Defendant met the head of the victim at the time of the instant case and raised the victim’s shoulder.

However, in full view of the following: (a) the Defendant and the victim engaged in minor physical contact with each other; (b) there was a friendly relationship between the Defendant and the victim; (c) the Defendant did not have a shoulder of the victim; and (d) the Defendant did not have a violent behavior; and (c) the victim did not directly contact the victim’s hand with the victim when using the sanitary mother at the time and using the work uniform; and (d) the victim did not have an intent to force the victim to commit indecent acts; and (c) the Defendant’s act does not constitute indecent acts.

Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous in misconception of facts or misapprehension of legal principles.

2. The Defendant is serving in the Category D department and factory located in Chungcheong-gun C, Chungcheong-gun C, and the victim E (inn, 35 years of age) is a workplace club relationship with the victim E.

On June 2015, the Defendant committed an indecent act against a female by force by force, such as discovering the victim who is smoking tobacco at the above factory smoking room, discovering the victim’s mind to force indecent act by force, using the victim’s hand, rhying the victim’s head’s head with his hand, and saving the victim’s shoulder with his arms.

3. Determination

A. Although the lower court alleged to the effect that the Defendant alleged the aforementioned mistake of facts as alleged in the grounds of appeal, the lower court determined that the Defendant was guilty of all the charges by using the victim E’s original judgment and the police statement as evidence and sentenced the Defendant to a fine of three million won and twenty-hour order to complete a sexual assault treatment program.

나. 당심의 판단 ㈎ 관련법리 강제추행죄는 상대방에 대하여 폭행 또는 협박을 가하여 항거를 곤란하게 한 뒤에 추행행위를 하는 경우뿐만 아니라 폭행행위 자체가 추행행위라고 인정되는 경우도 포함되며, 이 경우의 폭행은 반드시 상대방의...