Child Molestation During Kindergarten Graduation Photo Shoot, Suspended Prison Sentence Imposed

A 40-year-old photographer was sentenced to a suspended prison term by a court for kissing a 6-year-old girl on the cheek during a kindergarten graduation photo shoot.

According to the Korean Legal Aid Corporation on the 13th, the Jeonju District Court’s Criminal Division 12 (Judge Kim Do-hyung) sentenced a 40-year-old photographer, referred to as A, to 2 years and 6 months in prison, suspended for 3 years, for violating the Special Act on the Punishment of Sexual Violence Crimes, and ordered the completion of 40 hours of sexual violence treatment lectures.

A was prosecuted for suddenly grabbing the face of B (6), who was sitting on the floor, to kiss her after touching her belly, claiming that she wasn't smiling, during a graduation photo shoot on November 2, 2023, at a kindergarten auditorium in Jeonju.

The victim reported the incident to her parents and teachers immediately after the kiss, who then reported it to the police and sought assistance from a public defender affiliated with the Korean Legal Aid Corporation.

The court stated, "It is believed that the child would have experienced significant sexual discomfort and mental shock."

During the trial process, A requested a jury trial; however, the victim's attorney sought to exclude the jury trial due to concerns over additional psychological harm to B, and the court accepted this request.

A denied intent, claiming it was a result of trying to comfort B, who was not smiling, but the court did not accept this defense.

The court explained the reasons for the sentencing: "Considering the victim's statements, in which she expressed feeling 'very, very bad and uncomfortable' and wished for police intervention, as well as testimonies from the kindergarten teacher, it appears that the victim experienced significant sexual discomfort and mental shock."

Lawyer Won Myung-an of the Korean Legal Aid Corporation, representing B, explained, "Even for young children, if the victim objectively feels sexual shame and disgust from physical contact, it confirms the intentionality of the perpetrator’s sexual assault regardless of the perpetrator’s sexual satisfaction."

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