Photographer convicted for kissing 6-year-old during kindergarten photo shoot
A view of Jeonju District Court in North Jeolla Province. Korea Times file
Court says molestation established if child felt violated, regardless of intent
A 43-year-old photographer has been convicted of sexually inappropriate conduct for kissing a 6-year-old girl on the cheek during a kindergarten graduation photo session, with the court ruling that such behavior constitutes forcible molestation even in the absence of sexual intent.
According to the Korea Legal Aid Corporation on Tuesday, the Jeonju District Court sentenced the man, identified only as A, to two years and six months in prison, suspended for three years.
He was also ordered to complete 40 hours of sexual violence treatment programs. The court found him guilty of violating the Act on Special Cases Concerning the Punishment of Sexual Crimes.
The incident occurred on Nov. 2, 2023, at a daycare center auditorium in Jeonju, North Jeolla Province. While photographing the children’s graduation, A touched the stomach and back of a girl referred to as B to get her to smile.
When she continued to sit on the floor, he approached her from behind, held her face with both hands, and kissed her on the cheek.
The child reported the incident immediately to her parents and teacher. The parents filed a police report and received legal assistance from a public defender affiliated with the Korea Legal Aid Corporation.
The photographer requested a jury trial, but the victim’s attorney asked the court to deny the request out of concern for B’s psychological well-being. The court accepted the request.
“It happened while trying to comfort B, who wasn’t smiling,” the photographer said, and denied any criminal intent.
However, the court said, “Considering the victim’s statement that she felt ‘very, very bad and uncomfortable’ and said she wanted the police to help, along with testimony from the daycare teacher, the victim appears to have experienced significant sexual discomfort and psychological trauma.”
Attorney Won Myung-an, who represented B, said, “This case confirms that even if physical contact with a young child is not intended for sexual gratification, forcible molestation can still be established if the victim objectively experiences sexual shame or aversion.”
This article from the Hankook Ilbo, the sister publication of The Korea Times, is translated by a generative AI and edited by The Korea Times.