The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. The Defendant did not have committed an indecent act by force against the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the charges of indecent acts by compulsion is erroneous in the misconception of facts.

B. The sentence imposed by the court below on the defendant (the fine of 6 million won and the completion of the sexual assault treatment program) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the court of first instance as to the assertion of mistake of facts, the Defendant could have forcedly commit an indecent act by using the victim’s two arms after the victim’s death. Therefore, the Defendant’s allegation of mistake of facts is rejected.

① The Defendant made a statement to the effect that “Although the victim was working as an employee at the main place operated by the Defendant, the victim did not have any fact of using sparing the victim later.”

② As to this, the victim was waiting to settle down around 03:0 and close the entrance from the time when the complaint was filed to the court of the court below, but the Defendant arranged and entered the e-mail line outside of the main place, thereby making the victim humping from the following.

‘The statement' is made to the effect that it is.

③ The above statements made by the victim are specifically and consistently reliable, and the victim does not appear to have made efforts to make compensation and to have reached the instant complaint because the victim did not appear to have demanded the agreement, etc. from the Defendant.

In addition, the Defendant appears to have frequently carried out sexual scams against the victim who is an employee of the main place of the Defendant, and around November 16, 2013, after the occurrence of the instant indecent act, four persons, including the Defendant and the victim, drink the victim with detention.