The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

가. 피고인 1) 사실오인 및 법리오해(업무상위력등에의한추행 부분에 대하여) 피고인은 피해자의 귓불을 만진 사실이 없다. 피해자의 귀를 잡아당기거나 머리를 쓰다듬은 사실은 있으나 이는 피해자의 업무성과를 칭찬하는 과정에서 이루어진 행동이므로 성적수치심을 유발하는 추행행위가 아니다. 2) 양형부당 원심의 형(징역 8개월, 집행유예 2년 등)은 너무 무거워서 부당하다.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In determining the credibility of a statement after the first instance court conducted the witness examination procedure in the criminal trial procedure for determining the defendant's mistake of facts and misapprehension of legal principles, the credibility of the statement should be assessed by taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is employed in the statement in the open court after being sworn in the presence of a judge, and the penology of the statement, and the penology of the statement.

On the other hand, the appellate court's determination of credibility of the statement made by the witness of the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle, so it has an essential limitation that the appearance and attitude of the witness at the time of the statement that can be considered one of the most important elements in determining credibility of the statement can not be reflected in the evaluation of credibility.

Considering the difference between the first instance court and the appellate court's credibility evaluation method regarding the statement of the witness of the first instance court in accordance with the spirit of the principle of direct examination adopted by the Korean Criminal Procedure Act, the evidence duly examined in the first instance court and the first instance court.