Instructor pushed thigh during driving training... Supreme Court says "Difficult to conclude as forced molestation"

The Supreme Court has ruled that the male instructor who pushed a trainee's thigh during driving practice cannot be found guilty of forcible molestation.

Supreme Court building.

According to the legal community on the 10th, the Supreme Court's Second Division (Presiding Justice Shin Sook-hee) overturned the original ruling that sentenced Mr. A (51), who was charged with forcible molestation and violation of the Road Traffic Act, to a fine of 2 million won, and remanded the case to the Seoul Central District Court.

Mr. A was charged with forcibly molesting female driver Ms. B three times by pushing her thigh during driving practice from July to August 2021. He was also accused of teaching driving at the request of an acquaintance without registering the academy.

The first and second trial courts found all of Mr. A's charges guilty and sentenced him to a fine of 2 million won.

However, the Supreme Court ruled on July 25, 2021, regarding the first charge that Mr. A forcibly molested Ms. B by pushing her thigh, stating, "It is difficult to immediately infer intent to molest without excluding the possibility or intent of assault by the defendant pushing the victim's thigh with his fist," and judged him not guilty.

It also cited Ms. B's testimony in court that "He got angry and hit me when I couldn't do as he said," and "It felt like he couldn't control his anger," as well as testimony from another woman who took driving lessons around the same time, stating that "Mr. A would tap on the forearm or leg to give warnings."

The Supreme Court stated, "It is difficult to conclude that the act in question constitutes molestation and that the defendant had the intent to molest at the time beyond a reasonable doubt."

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