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The judgment below
Among them, the part on each indecent act by compulsion at the E company factory and G company factory is reversed.
Reasons
1. Comprehensively taking account of the evidence presented by the prosecutor in the gist of the grounds for appeal, the court below erred by misapprehending the legal principles as to each of the facts charged in this case, although the defendant could sufficiently recognize the facts of indecent act by force as stated in each of the facts charged in
2. Determination
A. As to the point of indecent act by compulsion in the E company’s factories and indecent act by compulsion in the G company’s factories, the summary of the facts charged is that the Defendant committed an indecent act with the victim at the E company’s factory located in the Daegu-gu, Seogu, as the head of the Foreign Affairs Management Team affiliated with the Foreign Affairs Team, and the victim D (the victim’s age 23) served as the new employee belonging to the said Team from November 1, 2017 to December 22, 2017. A) the Defendant committed an indecent act with the victim at the E company’s factory located in the Daegu-gu, Seo-gu, Incheon, with the victim from around 14:00 on December 12, 2017 to 15:0 on December 20, 2017.
B) On December 1, 2017, from around 15:00 to 16:00, the Defendant her company located in the Daegu Seo-gu Seo-gu G, Daegu-gu, and she was faced with the victim, the lower court determined that the Defendant committed an indecent act against the victim by her hand by putting the victim’s shoulder into Defendant with her hand at 5 seconds or more after having her shoulder cut off. The lower court appears to have been in a dangerous situation where the victim may face with machinery, etc. at the time of the act indicated in this part of the facts charged, and under such circumstance, the Defendant her speech to the effect that he was at the time of the act of the Defendant’s notice of danger to the victim, and she did not make any other physical speech or behavior of the victim, but did not put the victim into his workplace or make any other sexual speech or behavior.