The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal is that the defendant, as a convenience store owner, committed an indecent act by force against the victim under his/her protection and supervision by taking advantage of his/her status and by allowing the victim to have sexual intercourse with his/her own sexual organ. The defendant committed an indecent act by force against the victim under his/her protection and supervision due to business employment and other relationship under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”).

Nevertheless, the court below found the defendant not guilty on the ground that the victim does not fall under "a person under his/her protection and supervision due to his/her business employment or other relationship" as provided in the Sexual Violence Punishment Act. The court below erred by misapprehending the legal principles and thereby affecting the conclusion of

2. Determination

A. The offense of indecent act by force, etc. under Article 10(1) of the Sexual Violence Punishment Act is an indecent act by deceptive means or by force against a person under his/her protection and supervision due to duties, employment or other relationship.

In the Sexual Violence Punishment Act, the purport of limiting sexual crimes by deceptive means to minors, persons with disabilities, "persons under their protection or supervision due to employment or other relationship," etc. is to take into account the circumstances where victims are highly likely to resist and sustain damage without resistance through the exercise of force lower than ordinary cases. Therefore, when determining whether the crime of indecent acts by force on duty prescribed by the Sexual Violence Punishment Act is established, the above purport shall be considered.

"A person under his/her protection or supervision due to his/her business employment or other relationship" as provided in Article 10 (1) of the Sexual Violence Punishment Act means a relationship under which he/she is subject to organizational protection or supervision by bylaws, etc. of the workplace.