The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since there is no consistency in the misunderstanding of facts and misunderstanding of legal principles in the statement of the complainant at the time of the instant case, the statement by the complainant is not reliable.

The defendant had no intention to commit an indecent act.

Even as alleged by the complainant, the defendant used the posts of the complainants.

Even if such a defendant's act does not constitute an indecent act that causes a sense of sexual humiliation or aversion to the general public, it cannot be deemed that the defendant's act infringed upon the complainant's freedom of sexual self-determination.

Nevertheless, the lower court erred by misapprehending the legal doctrine and thereby recognizing the Defendant as an indecent act against the complainant.

B. The lower court’s sentence (two years of the suspension of the execution of imprisonment for August, 200, 80 hours of the lecture for the prevention of sexual crimes, 120 hours of the community service order) against the Defendant is too unreasonable.

2. Determination

A. misunderstanding of facts and misapprehension of legal principles regarding the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Abuse of Occupational Authority, etc.) refers to the ability sufficient to suppress the victim's free will, and the victim's use of a tangible, intangible, or intangible position or authority is not allowed. As such, not only assault and threat but also the offender's social economic and political position or authority is not required to de facto control, but also includes cases where the victim's free will is recognized as an indecent act. Determination of whether an indecent act was committed by force shall be made by comprehensively taking into account all the circumstances, such as the content and degree of the tangible power exercised and the type and degree of authority of the perpetrator, the victim's age, the relationship between the perpetrator and the victim, the circumstances leading to such act, the specific manner leading to such act, and the circumstances at the time of the crime (see Supreme Court Decision 2007Do4818, Aug. 23, 2007).