The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1’s act of the Defendant in misapprehension of the legal principles is merely an indecent act by force on duty, and thus, it does not constitute an indecent act by force on duty, and the lower court convicted the Defendant of this part of the facts charged is erroneous by misapprehending the legal doctrine. 2) The sentence imposed by the lower court on the Defendant (ten months of imprisonment, two years of suspended execution, and forty hours of sexual assault therapy) is too unreasonable.

B. Prosecutor 1) The Defendant’s act of presenting examination questions by mistake of facts constitutes interference with the school affairs management duties of the principal of the school education management department of the university where the Defendant is working, and thus, constitutes interference with the business, the lower court acquitted the Defendant on this part of the charges. 2) The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. Judgment on the misapprehension of the legal principle of the defendant

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 by deceptive means or by force against a person under his/her protection and supervision due to his/her duties, employment and other relationship. In such a case, “compact” is a force sufficient to suppress the victim’s free will, and is neither tangible nor intangible nor intangible. As such, not only assault and intimidation, but also use social, economic, political status or authority, and accordingly, it is not necessary to control the victim’s free will (see, e.g., Supreme Court Decision 2007Do8135, Nov. 29, 2007).