The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. There is no erroneous fact that the defendant committed an indecent act against the victim by exercising occupational power.

B. The sentence of the lower court’s unreasonable sentencing (a fine of 5 million won and 40 hours in a sexual assault treatment program) is too heavy.

2. Determination

A. 1) As to the assertion of mistake of facts, “comfort act” in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes refers to the ability sufficient to suppress the victim’s free will, and it is possible to use the offender’s social and political status or right, as well as assault and threat, and it is also possible to use the offender’s social and political status or right. Whether the offender committed an indecent act with “comfortness” should be determined by comprehensively taking into account all the circumstances, such as the content and degree of the tangible power exercised, the victim’s age, the relationship between the offender and the victim, the circumstances leading to the act, the specific form of the act, and the circumstances at the time of the crime (see Supreme Court Decision 2007Do4818, Aug. 23, 2007). The term “indecent act” means an act of causing sexual humiliation or aversion to the general public and infringing upon the victim’s sexual freedom, and the circumstances and age of the victim’s body and mind before the second instance judgment.