A man in his 30s who secretly urinated on his back after chasing a minor woman he had met for the first time was acquitted on charges of molestation, but was convicted and sentenced to a fine in the retrial.
The 5th division of the Daejeon District Court's Criminal Court (Chief Judge Lee Kyung-hee) overturned the original judgment of acquittal against A (33), who was charged with sexual assault, and sentenced him to a fine of 5 million won. He also ordered a 40-hour sexual assault treatment program and limited child-related employment for three years.
Mr. A was tried on November 25, 2019, on the charge of secretly urinating on the victim's hair, hoodie, padded jumper, etc., behind a woman who was a minor at the time, sitting on a wooden chair in a playground in Chungcheongnam-do around 11 pm and talking on a cell phone. has been handed over to
When the victim returned home, she noticed urine on her hair and clothes and called the police.
Previously, in the first and second trials, the victim's right to sexual self-determination was not violated, and the accused was acquitted of the charge of sexual assault.
In the first trial, "the victim found urine and felt disgust because it was dirty," but it was judged that "it is not enough to admit that the victim's freedom of sexual self-determination has been violated by Mr. A's actions." The second was the same.
However, the decision was overturned in the Supreme Court.
The court paid attention to the fact that Mr. A pursued the victim at the time of the crime and exposed his genitals.
Regarding the motive of the crime, Mr. A said, "I got out of the car in an angry state, but I found a woman in front of the crosswalk and followed me to get my anger out." "I urinated on my back," he said.
In response, the court said, "Mr. A secretly approached from the back of the victim, who he was seeing for the first time, exposed her genitals, and urinated on the victim's back. There is room to see it as an act of indecent act that infringes on the victim's right to sexual self-determination."
According to the judgment of the Supreme Court, the Daejeon District Court judged the case again and found that "even if the victim did not clearly know that the victim was being molested, the crime of forced molestation would be established."