The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The judgment of the court below which convicted the defendant as to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts with Occupational Authority, etc.) (the defendant) of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts with Occupational Authority, etc.), although the defendant only reported her her but did not commit the act by exercising authority, it is erroneous in the misapprehension of the fact that the defendant committed the act.

B. According to the Special Act on the Punishment, etc. of Sexual Crimes (Special Rape) and the defendant's partial statement, it can be acknowledged that the defendant attempted to engage in sexual intercourse by threatening the victim due to beer's disease, beer's disease, etc., which are dangerous things. Even if there was no intent to engage in sexual intercourse, the fact that the defendant committed an indecent act by force is recognized, but the court below acquitted the defendant of the whole violation of the Special Act on the Punishment, etc. of Sexual Crimes (Special Rape) by misunderstanding

2. Determination

A. The crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Abuse of Occupational Authority, etc.) is established when an indecent act is committed against a person under his/her protection and supervision through a deceptive scheme or by force against a person under his/her duties, employment and other relationship. In such case, the term “a person under his/her protection and supervision due to his/her duties, employment and other relationship” includes not only those who are in a relationship with the organizational protection and supervision by the rules, etc. of the workplace but also those who may have a substantial influence on duties, employment relationships, etc. within the workplace (see, e.g., Supreme Court Decision 2009Do6800, Sept. 24, 2009). The term “comfort force” is a type of force sufficient to suppress the victim’s free will.