A man in his 40s was not indicted on charges of molesting a medical staff… Mental and physical loss due to drug side effects

A man who was handed over to the prosecution on charges of molesting a medical staff member who was treating him received a decision not to indict him.

According to the legal community on the 3rd, the Changwon District Prosecutors' Office decided not to indict Mr. A, in his 40s, who was sent on charges of forcible harassment and defamation in December last year.

Mr. A was accused of molesting Mr. B, a medical staff member who was treating him in a hospital emergency room in 2024, and spreading false information, claiming that he had sexual relations with Mr. B.

Mr. A was admitted to the emergency room after exhibiting abnormal behavior due to side effects from long-term use of flu medication, but denied the charges, saying he had no recollection of what happened at the time. It is argued that even if there was physical contact, it was not an act done with sexual intent.

The prosecution determined that Mr. A suffered mental and physical loss due to side effects from drugs. Before Mr. A visited the emergency room, he showed abnormal behavior and was tested for drugs, and it was confirmed that the drugs he was taking could cause abnormal behavior, self-harm, and confusion.

In addition, considering that Mr. A was in a normal mental state due to his unreasonable behavior of molesting a stranger and making sexual remarks in front of many people, and considering the fact that Mr. A had no history of sexual crimes, it was determined that he did not have the ability to discriminate between objects or make a decision due to the side effects of the medication.

Choi Yong-hwan, a lawyer at the Daeryun Law Firm who represented Mr. A, explained, "Even if the facts of the crime meet the requirements for a crime, if there are grounds that constitute a crime under the law, a 'not guilty' disposition, which is a type of non-indictment, is issued. Based on medical records, etc., we were able to obtain a decision not to indict by proving that Mr. A was in a state of mental and physical loss at the time."

Reporter Jeong Cheol-wook

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Man in his 40s not indicted on charges of molesting medical staff... Loss of mind and body due to drug side effects (link)