Man in His 30s Sentenced to Prison for Touching High School Girl's Elbow... Followed Her From Bus and Committed Offense in Elevator
Claimed "One Touch Is Not Molestation"
Showed Text Message Saying "It Can Be Done in a Harmless Way"
A man in his 30s was sentenced to one year in prison for touching the elbow of a high school girl he had never met before in an elevator.
According to the legal community on May 15, the 13th Criminal Division of Suwon District Court (Presiding Judge Jang Seokjun) sentenced Mr. A, who was indicted without detention on charges of violating the Act on the Protection of Children and Juveniles from Sexual Abuse (forcible molestation), to one year in prison, 80 hours of mandatory sexual violence treatment program, and a three-year employment restriction at institutions related to children, juveniles, and people with disabilities. The ruling was delivered on May 14.
However, considering the possibility of reaching a settlement with the victim, the court did not order Mr. A into immediate custody.
Mr. A was charged with molesting a high school girl, referred to as Miss B, by touching her elbow while alone with her in the elevator of a commercial building in Gyeonggi Province at around 5:30 p.m. on March 6 last year.
It was found that he followed Miss B after seeing her by chance on a bus and committed the offense. After the act of forcible molestation, he also showed her a message stating that "it could be done in a harmless way."
During the trial, Mr. A denied the charges, claiming that he "merely grabbed her collar" and that a single touch does not constitute molestation. However, the court did not accept this argument.
The court stated, "The victim's testimony was consistent, and the elevator CCTV footage shows that the defendant was standing right next to her and touched her intentionally. Even a single contact is significant because the inside of the elbow is a sensitive area."
The court further explained, "Given that the act was carried out suddenly in a confined space, there is no essential difference in the nature of molestation depending on the part of the body touched. The victim, who was touched by an adult male stranger, likely experienced fear and sexual humiliation."
Regarding sentencing, the court said, "The defendant had a prior conviction for forcible molestation of a child, so it can be concluded that he was aware that such sudden physical contact constitutes molestation. He acted on one-sided feelings and suddenly committed the act, so his culpability is not light."
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Meanwhile, the crime of forcible molestation is classified as a sexual offense under the Criminal Act of the Republic of Korea. It is based on Article 298 of the Criminal Act and targets acts that infringe on the victim's right to sexual self-determination.
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