Constitutional Court: Criminal Law Provision Punishing Assault as Indecent Act Is Not Excessive Restriction

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] The Constitutional Court has ruled that the Criminal Act provision allowing assault to be punished as forcible molestation does not violate the principle of proportionality.

On the 1st, the Constitutional Court announced that it unanimously upheld the constitutionality of Article 298 of the Criminal Act in a constitutional review filed by Mr. A, who was convicted of forcible molestation.

The court stated, "Even if the act of assault itself is subject to punishment as molestation, it cannot be said to exceed the necessary scope to achieve the legislative purpose, which is premised on the infringement of sexual self-determination rights."

It added, "A person with ordinary legal sensibility can reasonably understand which acts constitute the elements of the crime of forcible molestation."

In January 2015, Mr. A was prosecuted for forcible molestation after inappropriate physical contact with another person and was sentenced to one year in prison with a two-year probation period in both the first and second trials.

Mr. A filed a constitutional review, arguing that the Criminal Act provision on forcible molestation recognizes assault as molestation, violating the principle of legality and the principle of proportionality.

Article 298 of the Criminal Act stipulates that a person who commits molestation by assault or intimidation shall be punished by imprisonment for up to 10 years or a fine of up to 15 million won.

This content was produced with the assistance of AI translation services.