The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant did not take charge of the victim's shoulder and did not spread the buckbucks.

2. In full view of the following facts duly admitted and examined by the court below, the defendant's indecent act against the victim can be fully acknowledged in light of the evidence duly admitted and examined by the court below.

Defendant’s assertion is without merit.

① The victim consistently stated from the police investigation stage to the court of the court below that the Defendant took charge of the right shoulder of the victim being driven, and that the Defendant was only buckbucks to the right.

② 피해자는 피고인이 허벅지를 만지자 깜짝 놀라 ‘회장님, 앞을 보세요’라고 소리를 질렀고 그 순간 차가 크게 휘청이며 급정거를 하였다고 진술한다.

At the time, E, F, and E did not accurately look at the back of the victim's vehicle at night, but they stated that the vehicle was suddenly scamed and scamed, and that the victim resisted against the defendant.

3. According to Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities ( December 11, 2018), Article 59-3 of the Act on Welfare of Persons with Disabilities, effective June 12, 2019, applies to persons who committed sex offenses before the enforcement of the aforementioned Act and did not receive a final and conclusive judgment.

The crime of indecent act by compulsion in this case constitutes a sex offense to which the above provision applies, and this court should decide whether to issue or exempt an employment restriction order to the defendant.

In full view of the Defendant’s age, criminal record, family environment, social relationship, details and motive of the offense, method and consequence of the offense, the degree and expected side effects of the Defendant’s disadvantage due to the employment restriction order, the preventive effect of the sex offense that may be achieved therefrom, the effect of the victim protection, the possibility of recidivism, etc., special circumstances that should not be restricted in employment.