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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. The purpose of this is to examine more closely 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 twenties, 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 disseminate 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 of the age to exercise sexual self-determination. They also found that there was a significant time gap between the date of the meeting for sexual intercourse, even for threats with body photographs, and the association between threats and adultery was insufficient. But the ruling of the Supreme Court was different. The Supreme Court noted that the sentence of sexual abuse based solely on the age of the victim and without rejecting the 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 the children and adolescents apparently agreed, it would be difficult to regard it as full sexual self-determination if it originated from the deception of others or a distorted trust relationship. Along with this, A’s alleged bullying of body photographs is also a threat under the Juvenile Sexual Protection Act, and the case was returned to the Superior Military Court for the purpose of breaking the court case. This is YTN Jongwon Lee. ※ ‘Your report becomes news’ YTN is waiting for your valuable report.
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