'Not Like a Victim'... 30s Sexual Harassment Offender Initially Acquitted Ultimately Found Guilty

[Asia Economy Yeongnam Reporting Headquarters Reporter Ju Cheol-in] In a case where the Supreme Court overturned and remanded a ruling that acquitted the perpetrator on the grounds that the sexual harassment victim did not exhibit 'victim-like behavior,' a man in his 30s was ultimately found guilty in the retrial.

The Changwon District Court Criminal Division 1 (Chief Judge Choi Bok-gyu) dismissed the appeal of A (38), who was tried on charges of forcible sexual harassment, and announced on the 5th that it sentenced him to a fine of 4 million won, the same as the first trial. The court also ordered 40 hours of participation in a sexual violence treatment program.

A, an employee of a convenience store headquarters, visited a convenience store in Jinju, Gyeongnam, on April 24, 2017, for business and met with a female convenience store owner who was working alone.

While discussing business matters, A committed sexual harassment by touching the owner’s body and kissing her. In relation to this, the first trial sentenced him to a fine of 4 million won.

However, the appellate court acquitted him, judging that since the owner often showed a smiling face when physical contact occurred, it appeared to be playful behavior between two people in a close relationship of the opposite sex without coercion, and thus lacked 'victim-like behavior.'

Regarding this, the Supreme Court’s 3rd Division (Presiding Justice Min Yu-sook) ruled that the second trial’s judgment pointing out the absence of 'victim-like behavior' in the victim was not appropriate and remanded the case to the Changwon District Court.

The Changwon District Court, which received the case back, also held that the credibility of the victim’s testimony could not be arbitrarily rejected on the grounds that the victim did not appear to be 'a victim who should necessarily show such a reaction.'

The court stated, "The victim’s testimony cannot be rejected simply because she was seen smiling frequently at the time of the incident," and added, "The sentence imposed by the original court cannot be regarded as unfair or excessively heavy beyond the scope of reasonable discretion."

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