[Asia Economy Reporter Kim Daehyun] An army major who was acquitted in the appellate court after being charged with continuous physical contact with a female non-commissioned officer will face trial again.
On the 16th, the Supreme Court's First Division (Presiding Justice Park Jeonghwa) announced that it overturned the appellate court's acquittal of Army Major A, who was charged with forcible indecency under the Military Criminal Act, and remanded the case to the High Military Court.
Earlier, in 2017, A was prosecuted for repeatedly forcibly molesting NCO B while serving as the Director of Public Relations at the Army Cadet Military School. A was investigated for grabbing both of B's hands, lifting her onto his shoulder while saying, "I want to make memories with you. I want to carry you," and hugging her from behind while holding her hands, claiming to teach a baseball swing.
He is also accused of pulling B by saying, "Let's measure your height," and stroking her head while their bodies were in contact.
The first trial at the Ordinary Military Court found A guilty and sentenced him to two years in prison with a three-year probation, including charges of unauthorized absence. However, the High Military Court acquitted him, stating, "Natural physical contact cannot be considered an act that significantly infringes on sexual self-determination or violates sexual morality simply because of gender differences."
The Supreme Court ordered a retrial and reconsideration of the case. The court stated, "The defendant, who has served for a long time since commissioning, requesting to carry the victim who served for about a year after commissioning or to measure her height and making physical contact is objectively an act that can cause sexual shame."
It added, "It can be sufficiently inferred that A's actions were carried out with the purpose of obtaining sexual satisfaction," and pointed out, "The appellate court erred in its legal interpretation regarding molestation and intent under the charges of forcible indecency against military personnel and the Sexual Violence Punishment Act, which affected the judgment."
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