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Even if the other party's consent was obtained, a Supreme Court ruling was convicted of taking a drunk woman to a motel and committing harassment.
The third division of the Supreme Court announced today (21st) that the court sentenced for innocence in the appeal of a police officer A, who was accused of semi-compulsory harassment, was revoked and remanded for the purpose of guilty.
In this case, the issue was whether the victim could be recognized as mentally or physically incapacitated when a woman who was intoxicated drunk to the point where her memory was cut off, and whether the charges of semi-forced harassment were applied.
Mr. A was charged with harassment in February 2017 by accidentally meeting Ms. B, a teenager, while having a drink at dawn in February 2017.
At that time, Ms. B had been drinking two bottles of soju in an hour, and after going to karaoke with her friends, she met A while leaving her coat and cell phone in the bathroom.
Ms. B fell asleep after having a few minutes conversation with Mr. A while drinking.
Mr. A asked Ms. B, "I only need a sigh," and asked, "Are you going to sleep at a motel?" When he answered yes, he insisted that he went to the motel together.
Ms. B was in a position that she could not remember at all.
The two headed to the motel, and Ms. B's friends in the karaoke room reported missing to the police.
The first trial court convicted Mr. A for losing his normal judgment ability, that is, mentally and physically, due to the fact that Ms. B was not wearing a coat in the cold winter and did not go to the karaoke room where his friends were.
However, the second trial sentenced A to acquittal, saying that it was not sufficiently proved that Ms. B was in a mental and physical state at the time.
The main reason was that Miss B went into the motel without staggering or being supported.
However, the Supreme Court decided that Ms. B should be viewed as mentally and physically lost in light of the fact that Ms. B could not find belongings such as a party or cell phone, and that she fell asleep unprotected at the motel she met for the first time.
The judge said, "The victim is not in a state of loss of consciousness, but if the victim is not in a state of having the ability to resist harassment due to the influence of alcohol, the crime of semi-rape or semi-forced harassment can be applied."
However, he emphasized that the possibility of alcohol blackout should not be easily admitted simply by stating that "the film is cut off" and that it is necessary to judge whether or not mental or physical loss is necessary with sufficient psychology.
The ruling is the first Supreme Court case that saw alcohol blackouts be admitted as mentally ill.
(Photo = Yonhap News TV, Yonhap News)