<Anchor> The
Supreme Court said that the military court's acquittal was wrong, saying that natural physical contact cannot be regarded as sexual assault. The case was sent back to the Higher Military Court, asking for a retrial of the sexual assault part.
By Son Hyeong-an, staff reporter.
<Reporter> The
first part of the Supreme Court revealed that the original judgment of innocence in the appeals trial of a former officer of the Army Student Military Academy, who was charged with forcible sexual assault, including a soldier, was overturned with the intent of guilt and the case was returned to the Higher Military Court.
In 2017, Mr. A was handed over to trial on charges of forcibly molesting female non-commissioned officer B, a subordinate, several times.
It is suspected that the victim, Mr. B, continued inappropriate physical contact even though he said he would refuse.
A was found to have grabbed the victim's hand, saying, "I have to build memories. I have to carry you."
In addition, he is also accused of molesting him by holding hands behind Mr. B in the name of telling him about baseball swings at the screen baseball field.
The first trial recognized Mr. A's behavior as sexual harassment, and sentenced him to 2 years in prison and 3 years of probation.
However, the second trial acquitted him, saying that physical contact with the victim should not be concluded as an indecent act.
Accordingly, the Supreme Court held that the judgment of the lower court had misunderstood the legal principle.
In the meantime, he said that only the act that A acknowledged is an act that objectively causes sexual shame or disgust and goes against the sexual morals.