Supreme Court: "Headlock Can Also Constitute Forced Indecent Act, May Cause Sexual Humiliation"

[Asia Economy Reporter Kim Suhwan] The Supreme Court has ruled that the so-called 'headlock,' which involves wrapping the opponent's head and pulling it toward one's chest, constitutes sexual molestation that causes sexual shame.

On the 24th, the Supreme Court's First Division (Presiding Justice Lee Heung-gu) overturned the lower court's acquittal in the appeal trial of A (52, male), who was charged with sexual molestation, and remanded the case to the Seoul High Court.

A was charged by B (27, female) with sexual molestation for wrapping B's head with his left arm and pulling it toward his chest during a company dinner with employees at a restaurant in Gangnam-gu, Seoul, in May 2018, causing B to feel sexual shame.

During the trial, A argued, "The victim's head did not touch my chest, so it is not an act of molestation," and "It was an expression of a somewhat intense desire for her to continue working at the company, and there was no intent to molest."

The first trial court ruled, "The defendant's actions objectively constitute molestation," and stated that even without sexual motive or purpose, the act can be considered molestation, sentencing the defendant to a fine of 5 million won.

The second trial court had a different view. It stated, "Since the act was not done with sexual intent, it cannot be considered sexual molestation," and "The defendant had no intent to sexually molest," overturning the original ruling and acquitting the defendant.

However, the Supreme Court judged, "The headlock was a way for the defendant to assert his masculinity and caused humiliation to the victim." It ruled that this also constitutes an act of sexual molestation, stating, "Feelings of humiliation and discomfort are recognized as sexual shame under social norms." Accordingly, the case was remanded to the Seoul High Court with a guilty verdict.

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