The act of forcing the company's junior's wrist to go to the motel after the dinner was over was recognized as'forced harassment' by the Supreme Court.

Supreme Court Justice 2 (Judge Supreme Court Justice Sang-Ok Park) said he broke the centrifugal convictions from Mr. A's appeals accused of compulsion and returned the case to the Seoul Southern District Court for the purpose of guilt.

After Mr. A's dinner in July 2017, when he and his junior B remained alone, he said, "I want to go to the motel."

They were also accused of touching Mr. B's hands and shoulders, respectively, at the company's office and at the dinner venue.

The first trial admitted all of A's charges and sentenced him to two years of probation in six months of imprisonment.

He also ordered a 40-hour sexual assault course.

However, the 2nd trial only convicted the company's office for guilt and the other 2 cases were convicted, reducing the sentence to a fine of 300,000 won.

The second trial judged that Mr. A went to the motel and grabbed his wrist and said, "It is hard to regard the wrist as a body part that causes sexual shame or disgust."

Also, in view of Mr. B's statement that the police "persuaded Mr. A and sent him a taxi," it was difficult to deny it was possible to resist Mr. A.

The intention is that it does not fall under one of the requirements for the establishment of'Force molestation', which is'the assault after making the protest difficult.'

The trial court judged that Mr. A's allegations of touching Mr. B's shoulder, etc., at the dinner party were inconsistent, and he found that there was no credibility.

The Supreme Court maintained that it was innocent, such as a centrifuge, for the incidence of a dinner party, but the act of holding the wrist while going to the motel was considered to be a'forced harassment'.

The judge pointed out that the deliberate intention of acknowledgment was recognized because Mr. A's act of holding the wrist already contained'sexual motive'.

It means that the 2nd trial that judges whether or not sexual shame is based on the body part that has been touched is wrong.

In addition, the assault along with the assault was not enough to suppress the other's intentions, but even if Mr. B convinced Mr. A and sent him home, he decided that there was no effect on the establishment of forced assault.

The court ruled that "Force assault is a case where the assault itself is an assault, and in this case, regardless of the strength or weakness of the force, it is contrary to the other person's intention."

(Photo = Yonhap News TV, Yonhap News)