Medical student accused of forcibly molesting university senior sentenced to 2 million won fine in second trial

[Asia Economy Reporter Kim Daehyun] An appeal court also sentenced a medical student accused of forcibly molesting a senior at university while drinking alone in his rented room to a fine.

According to the court on the 11th, the Seoul Central District Court Criminal Appeal Division 2 (Presiding Judge Park Nosu) sentenced medical student A, who was indicted on charges of quasi-forcible molestation and forcible molestation, to a fine of 2 million won, the same as the first trial.

A, who entered a medical school in Seoul in 2015, is accused of quasi-forcible molestation for taking off the clothes of a junior who fell asleep drunk in his rented room in Jongno-gu, Seoul, around 5 a.m. on January 15, 2020.

He is also accused of forcibly molesting a senior by suddenly taking off his outerwear and hugging the senior while wearing only underwear, saying, "Isn't this why you came?" while drinking at the same place in the early morning four days later.

The first trial found him guilty only of forcible molestation against the senior and sentenced him to a fine of 2 million won. The quasi-forcible molestation charge against the junior was acquitted due to lack of evidence.

A’s side argued in the appeal that "the sexual freedom of the (senior) victim was not violated" and that "the defendant cannot be recognized as having the intent to molest because he mistakenly believed the victim consented."

On the other hand, the prosecutor argued that the charges against the junior should also be recognized as guilty.

The appellate court dismissed both the prosecutor’s and A’s appeals and upheld the first trial’s judgment. It stated, "It is difficult to see that (A and the senior) were mutually attracted as a man and woman," and "It is hard to believe that the victim implicitly consented or tolerated the defendant’s actions at that time. The defendant’s defense is not reasonable."

Furthermore, it added, "Considering the defendant’s age, sexual behavior, motive and circumstances of the crime, and other sentencing factors comprehensively, the original sentence is neither too heavy nor too light." A appealed the second trial’s ruling as well.

Meanwhile, A was suspended indefinitely by the school in November 2020.

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