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The Supreme Court ruled that if he had sex with teenagers, he could view it as sexual abuse and punish him even if he did not reject it. This is the purpose of taking a closer look at whether adolescents have fully exercised their sexual self-determination rights. This is reporter Lee Jong-won. A, who was an active duty soldier in his 20s, had sex with Ms B, who was 15 at the time, in October 2017. Ms. B expressed her intention to quit smoking, but did not stop, and was eventually charged with sexual abuse under the Child Welfare Act. Another victim was also accused of violating the Juvenile Sexuality Protection Act, threatening to release photos of the exposed body asking for sex. The first trial found most of the charges guilty, but the second trial, the Superior Military Court, was different. The 15-year-old victim was found not guilty of sexual abuse for reasons like inexperience, but appears to be old enough to exercise sexual self-determination. They also found that there was a significant time gap between the date of the meeting to have sex and that there was a lack of association between blackmail and adultery. But the Supreme Court ruling was different. The Supreme Court noted that sentencing sexual abuse based solely on the victim’s age and not rejecting sex itself is a misunderstanding of the law. The purpose of this is to more carefully judge whether you have the values and judgment skills to properly exercise your sexual self-determination. The Supreme Court also emphasized that even if children and adolescents have apparently agreed, it is difficult to see it as the exercise of full sexual self-determination if it originates from the deception of others or a distorted relationship of trust. Along with this, the alleged bullying of A’s body photographs is also a threat under the Youth Sexual Protection Act. This is YTN Jongwon Lee. ※ ‘Your report becomes news’ YTN is waiting for your valuable report.
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