The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1 cannot be deemed to constitute an indecent act that causes sexual humiliation from the perspective of the general public, and there was no intention to commit an indecent act against the Defendant. Nevertheless, the lower court’s judgment convicting all of the facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s punishment of an unreasonable sentencing (a fine of KRW 7 million, an order to complete a sexual assault treatment program, an order of 40 hours, and an employment restriction order) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. The offense of violating the relevant legal principles is established in cases where an indecent act is committed by deceptive means or by force against a person under his/her protection and supervision due to work, employment or other relation.

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

In addition, the term "defluence" 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, intimidation, but also social, economic, and political position or authority, and thus, it does not require that the victim's will of freedom is defluent.

On the other hand, "indecent act" means an act that causes sexual humiliation or aversion to the general public objectively and is contrary to good sexual morality, which infringes on the victim's sexual freedom.