"Grabbing the Forearm for 1 Second Is Not Sexual Harassment" 30s Customers Acquitted
Chuncheon District Court: "The Forearm Is Difficult to Consider a Body Part Related to Sexuality According to Social Norms"
The photo is not related to any specific expression in the article. [Image source=Pixabay]
View original image[Asia Economy Intern Reporter Kim Nayeon] The court acquitted two men in their 30s who were tried on charges of forcibly molesting a woman in her 20s by grabbing her upper arm. Although they made unnecessary physical contact and caused discomfort to the victim, the court judged that it was difficult to consider it as molestation.
According to the Wonju Branch of Chuncheon District Court on the 5th, Judge Lee Jisoo of Criminal Division 2 at the Wonju Branch of Chuncheon District Court acquitted Mr. A and Mr. B, both in their 30s, who were indicted on charges of forcible molestation in the first trial.
Mr. A was charged with forcibly molesting Ms. C (20), a part-time female employee, by grabbing her right upper arm while asking her to take a photo at a pub in Wonju City at 11:12 p.m. on October 10, 2020.
Mr. A and his companion Mr. B were also charged with molestation for patting Ms. C's lower back twice with their hands as they paid for the food and left about 30 minutes later, and were tried together.
During the trial, Mr. A and Mr. B denied grabbing the upper arm or patting the waist and did not admit to physical contact with Ms. C, arguing that even if contact occurred, it was not intentional.
The court stated, "It is true that Mr. A grabbed the victim's upper arm, but it is possible that he intended to ask for a photo rather than to molest," and added, "The upper arm is not generally considered a sexual body part according to social norms," explaining the reason for the acquittal.
Furthermore, the court said, "Mr. B's act of patting the victim's waist was clearly unnecessary physical contact, and it is true that the victim felt discomfort," but added, "However, since the physical contact time by both Mr. A and Mr. B was only about one second, it was not sufficiently proven that there was intent to molest or forcibly molest."
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The prosecution appealed against the first trial verdict, and the appeal trial is scheduled to be held at Chuncheon District Court.
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