Child Center Head Suspected of Molesting a Middle School Girl Not Indicted…No Evidence in an Open Location

The head of a local children's center was suspected of inappropriate physical contact, such as pulling at the side of a middle school girl, but a decision not to indict was made as there was no evidence to recognize it as molestation.

According to the legal community on the 18th, the Bucheon Branch of the Incheon District Prosecutors' Office decided last month not to indict Mr. A, the head of a local children's center, who had been referred on charges of violating the Act on Special Cases Concerning the Punishment of Sexual Crimes and the Act on the Protection of Children and Adolescents Against Sex Offenses.

Mr. A was suspected of having, around January last year, forcibly molested Ms. B, who attends the center, by repeatedly poking and pulling at her side while mentioning dieting.

However, Mr. A denied all the charges. He claimed there was no fact that he pulled at the victim student's side, and that it was merely behavior that arose during an ordinary conversation about students' body types, lifestyle habits, dieting, and the like. He also emphasized that the place where the incident occurred was a space used together by many students and teachers, with frequent traffic, making it an environment where molestation would be difficult.

The prosecution determined that, based on statements from center officials and numerous students, there was insufficient objective material to recognize it as sexual abuse. It found that there were circumstances that partially conflicted with the victim student's statement, and that no direct evidence such as CCTV or recordings to support it was confirmed.

The prosecution judged that even if there had been some physical contact, it appeared to be behavior that occurred during a conversation about the victim student's weight or dieting, and it was difficult to conclude that he had molested her with sexual intent.

Attorney Kim Hyung-geun of Daeryun Law Firm, who represented Mr. A, stated, "In the crime of indecent assault, whether an act constitutes molestation is not judged solely by the victim's subjective feelings; it must be judged prudently by examining the circumstances and place of the act, the situation at the time, and the mutual relationship," adding, "By systematically organizing the center's operational structure, the statements of teachers and students, and the environment at the time of the incident, we actively demonstrated that it was not an act carried out with sexual intent, and as a result were able to obtain a non-charge disposition."

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