The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. On the day of the instant case, the Defendant did not have committed an indecent act by force against the victim, and no assault or intimidation was exercised, and the Defendant’s act does not constitute an indecent act by force against the victim.

Nevertheless, the lower court found the Defendant guilty on the grounds of the statements, etc. of the victim and witness without credibility and thereby erred by misapprehending the legal doctrine on the crime of indecent act by force, thereby adversely affecting the conclusion of the judgment.

B. In light of the developments leading up to the occurrence of the case, the sentence of the lower court that sentenced fines of KRW 3,000,000 and orders to complete sexual assault treatment programs for 40 hours is too unreasonable.

2. Determination

A. The Defendant alleged that the lower court did not have committed any indecent act against the victim even in determining the misunderstanding of the facts or the misapprehension of the legal doctrine, and the lower court, consistent with the facts charged in the instant case, has credibility in each of the victim C’s statements, witness F and G.

After determining the Defendant’s assertion, the lower court rejected the Defendant’s argument and found the Defendant guilty.

In full view of the evidence duly admitted and examined by the court below, it can be acknowledged that the defendant gets a victim C who returned to a restaurant business after completing a restaurant business as described in the facts charged in the instant case, and considering the relationship between the defendant and the victim, the victim's intention, circumstances and circumstances at the time of the act, etc., the defendant's act constitutes an "act of indecent act by assault," which is recognized as an indecent act by the body of the victim as an act of infringing the victim's sexual freedom against the good moral sense.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is just and erroneous as alleged in the grounds of appeal.