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A court sentenced a woman in her 20s who forcibly molested and injured her same sex despite strong refusal to do so.



According to the legal community today (28th), the 3rd Criminal Division of the Daejeon High Court (Judge Jeong Jae-oh) overturned the sentence of the lower court in the appeal trial of Mr. A (22), who was charged with indecent assault, and sentenced him to 1 year and 6 months in prison while treating sexual violence. I ordered 40 hours of the program completion order.



Mr. A is accused of forcibly molesting victim B (26) at his residence located in Seo-gu, Daejeon around 9:00 am on October 31, 2020, trying to kiss her.



Mr. B strongly rejected this, but Mr. A grabbed Mr. B's hair and said, "I like it, but why don't you know?"



In this process, when Mr. B reported to the police, Mr. A stole and threw Mr. B's cell phone, and when another acquaintance who entered the house belatedly stopped Mr. A, he was also accused of pulling Mr. B's hair that he was holding and causing injury.



As a result, Mr. B is known to have suffered an injury to his knee and back for about two weeks.



To Mr. A, who was standing in court, the first trial judge ordered a fine of 5 million won and completion of a sexual violence treatment program, saying, "The guilt of forcibly molesting the victim is not light, and the victim must have felt a sense of humiliation when the right to sexual self-determination was violated through the crime." time was sentenced.



However, both Mr. A and the prosecution, who were dissatisfied with the ruling, appealed.



At the appeals trial held against this, Mr. A argued, "I got into a physical fight because of my emotions, and there was no fact of harassment."



However, the prosecution refuted this, saying, “In the process of forcibly molesting Mr. A, Mr. A committed an assault and was injured,” and “it is not a case of indecent assault by force, but a punishment for indecent assault.



” It is difficult to find an argument to admit that there is a significant difference between the two, such as gender and gender, and the difference between the opposite sex and the same sex was not considered a meaningful sentencing factor.” "



The defendant denied the crime, and the victim is not apologizing, claiming that his memory was distorted because of homophobia," he said. We considered the high possibility," he said, explaining the reason for the sentencing.