The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victims as stated in the instant facts charged.

B. The punishment of the lower judgment that was unfair in sentencing (7 million won in punishment, and 40 hours in completion of sexual assault treatment programs) is too unreasonable.

2. Determination

가. 각 성폭력범죄의 처벌 등에 관한 특례법위반( 업무상 위력 등에 의한 추 행) 의 점에 대한 공소사실의 요지 1) 피해자 E에 대한 추행 피고인은 밀양시 C에서 깻잎 농장인 D 조합법인을 운영하는 자인바, 2016. 6. 28. 18:00 경 밀양시 G에 있는 피해자들( 여성 근로자, 캄 보디아 인) 의 숙소 앞에서, 원피스 치마를 입고 있던 피해자 E(26 세 )를 보자 순 간 욕정을 일으켜, 손으로 피해자가 입고 있던 치마를 들어 올려 고용 관계로 인하여 피고인의 보호 감독을 받고 있는 피해 자를 위력으로 추행하였다.

2) On June 29, 2016, the Defendant committed an indecent act against the victim F, who was under the protection and supervision of the Defendant due to employment relations, by committing an indecent act by force on the part of the victim, within the accommodation used by the victim F (31 years of age) of the victim F (hereinafter referred to as the victim’s 31 years of age). The Defendant committed an indecent act against the victim, who was under the protection and supervision of the Defendant due to employment relations, by causing the victim’s desire to clean up the mixed room between his/her hand and his/her hand.

B. The lower court found the Defendant guilty of this part of the facts charged on the basis of the evidence indicated in its holding.

(c)

1) The term “comforcing” of the relevant legal principles refers to an act objectively causing a general and average person in the same position as the victim to feel a sense of sexual humiliation or aversion and contrary to good sexual morality, which infringes on the victim’s sexual freedom against a specific victim. Whether it falls under this is made against the victim’s intent, gender, age, relationship between the offender and the victim, circumstances leading to the act, and the victim’s circumstances.