Facts
[A.] is accused of having embraced the apprentice [B.] , who was under his supervision at the time, from behind and stroked his stomach above and under the T-shirt during a company party on October 29, 2017. Subsequently, he is said to have touched [B.] 's buttocks and crotch over his clothes and massaged his genitals. [B.] was visibly disgusted but allowed it to happen because he did not dare to defend himself.
The District Court of Winterthur found [A.] guilty of sexual acts with a dependent person in its judgment of March 5, 2019 and sentenced him to a suspended fine of 120 daily rates of CHF 180 with a probation period of 2 years. It found that [A.] is in principle liable for damages towards [B.] and ordered him to pay compensation of CHF 1,000 plus 5% interest since October 29, 2017 to [B.] . The High Court of the Canton of Zurich dismissed [A.] 's appeal in its judgment of November 4, 2019.
Considerations
The appellant alleges a violation of the principle of indictment, as the element of exploitation of dependence was not sufficiently described in the indictment. However, the lower court concluded that the facts of the case in the indictment were clearly delineated and that the appellant was able to adequately exercise his right of defense.
Furthermore, the appellant claims that the lower court wrongly refrained from hearing the exculpatory witness [C.] . However, the lower court was able to conclude without…