CONTENTS
- 1. Public Indecency | Concept
- - Elements of Public Indecency
- 2. Public Indecency | Level of Punishment
- 3. Public Indecency | Types and Actual Cases
- - Actual Cases of Public Indecency
- 4. Public Indecency | Investigation Procedure and Characteristics
- - Public Indecency: The Accused's Perspective
- - Public Indecency: The Victim's Perspective
- 5. Public Indecency | Key Defense Points
1. Public Indecency | Concept
Public indecency, also referred to as the offense of corrupting public morals, is established when a person publicly commits an obscene act before an unspecified number of people.
Public indecency may be established even where the victim is not identified, as long as there is a possibility that an unspecified number of people could witness it.
Here, "publicly" means a state in which an unspecified or large number of people may perceive the act, and publicity is recognized where there is a possibility of witnessing it, even if no one directly observes the act.
In addition, an "obscene act" means conduct that is immoral or lewd to the extent that it stimulates a person's sexual desire or provokes sexual humiliation.
This is judged on the basis of the overall circumstances, including the content, place, target, time, and situation of the act.
Elements of Public Indecency
Public indecency is established when an obscene act is committed in a public place.
Publicity means a state in which an unspecified or large number of people may perceive the act, and obscenity means a state capable of provoking sexual humiliation or disgust.
In other words, for public indecency to be established, an act that causes sexual humiliation must take place in a location where an unspecified number of people may perceive it.
Public indecency may be established even where the victim is not identified.
If there is a possibility that an unspecified number of people could witness the act, punishment is possible even without a report from the victim.
2. Public Indecency | Level of Punishment
When public indecency is established, punishment is imposed under Article 245 of the Criminal Act.
A person who publicly commits an obscene act is subject to imprisonment for not more than one year, a fine of not more than five million won, detention, or a minor fine.
In addition, the likelihood of a custodial sentence increases in cases of repeat or habitual offenses.
3. Public Indecency | Types and Actual Cases
Public indecency arises in various ways.
The representative types of public indecency are as follows.
-Pulling down one's pants on the street
-Masturbating in a public place
-Exposing the lower body or committing an obscene act in a park, subway, or the like
-Exposure directed at a specific person or an unspecified number of people from inside a vehicle
-Online public indecency through video chat, live streaming, and the like
In particular, recently, even an obscene act online may satisfy the publicity requirement and establish public indecency if it is exposed to others in real time.
Actual Cases of Public Indecency
▶Public Indecency Recognized for a Woman Wearing a Box Instead of Clothes
A woman in her twenties who, wearing only a box over her naked body on the street, let passersby touch her chest received a fine at the first instance.
The court found her guilty, holding that the above conduct was sufficiently provocative and capable of arousing the sexual imagination and humiliation of an ordinary person.
▶Public Indecency Recognized for a Man Who Committed an Obscene Act While Looking at a Child
A man who, in front of an academy, pulled down his trousers and underwear and committed an obscene act while looking at the director and a child was sentenced to one year of imprisonment.
In particular, because this man committed public indecency again only a few months after being released from serving a sentence for public indecency, the nature of the offense was found to be even worse.
▶A Popular Singer's Lewd Dance, Public Indecency Cleared
A popular singer, A, was accused of public indecency over certain dance moves performed at a university festival.
After summoning A as the accused, examining the content and process of the performance, and comprehensively reviewing the statements of those involved, the investigative authorities concluded that it was difficult to find the charge established.
According to precedent, an "obscene act" must reach a level that stimulates the sexual desire of an ordinary person, arouses sexual excitement, harms normal sexual humiliation, and runs counter to notions of sexual morality, and it was determined that the conduct did not reach that level.
4. Public Indecency | Investigation Procedure and Characteristics
Public indecency investigations usually begin with arrest in flagrante delicto or with a complaint based on CCTV footage or witness statements.
The investigative authorities secure the following materials for the investigation.
-Statements of the complainant or witnesses
-The police record of the statement taken at the time of arrest in flagrante delicto
-Digital devices (in the case of an online offense)
Because the accused may face repeated questions designed to induce a confession or an improper statement, the initial statement is very important.
Public Indecency: The Accused's Perspective
We will examine how to respond from the perspective of a person accused of public indecency.
1. An Unconditional Confession Is to Be Avoided
All legal requirements, such as the publicity requirement, intent, and obscenity, must be satisfied, and the key issue is the intent with which the person acted.
2. A Strategy of Denying Intent and Obscenity
For example, even if there was an act of pulling down one's pants, an acquittal or non-prosecution may be possible where a "ground that may be accepted under social norms" is recognized, such as the absence of a restroom leaving no alternative, or an urgent situation due to an upset stomach.
3. Denying Publicity
If there was no one nearby at the time, or it was an enclosed space where others could not view it even via CCTV, publicity may not be recognized and the offense may not be established.
4. Inducing Settlement and Leniency
If there is a victim (witness), a sincere apology and a settlement are very important in obtaining leniency.
A settlement is an important factor that can secure favorable sentencing.
TIP. Tips for Responding on Your Own
If you receive a summons, first inquire, before giving a statement, whether you may apply to review the relevant materials.
Always request a copy of the written statement, and answer each sentence carefully.
In response to police questions, you may exercise your selective right to make statements, such as "I do not recall" or "I will speak after receiving the assistance of an attorney."
If the facts of the offense are admitted, you may submit a letter of reflection, proof of completion of psychological treatment, a plan to prevent reoffending, and the like to induce a suspension of indictment or a reduction to a fine.
Public Indecency: The Victim's Perspective
1. Immediately Report to 112 and Secure Evidence
If an obscene act occurs, reporting it at the scene right away is most important.
Because there may be no CCTV, the following actions are necessary.
-Taking photographs and videos of the scene
-Securing the contact information of any third parties present at the scene
-Making notes of your own feelings and recollections at the time
2. Points to Note When Preparing the Complaint
A public indecency complaint should state the time, place, and circumstances of the act as specifically as possible, and it is advisable to include whether there were people nearby at the time.
3. A Claim for Compensation Is Possible Upon Proof of Physical and Psychological Harm
If the harm has resulted in after-effects such as psychological shock, anxiety disorder, or insomnia, a civil claim for damages is possible separately from the criminal complaint.
TIP. Tips for Responding on Your Own
When reporting, state the obscenity or your discomfort specifically.
Rather than "it was disgusting," you should describe your emotions and the context in detail, as in "I felt sexual humiliation and was anxious."
To prevent your statement from being contradicted later, it is also helpful to record or document your own statement.
If secondary harm occurs through social media or online posts, a separate complaint for defamation and insult is possible.
5. Public Indecency | Key Defense Points
We will examine the key points in the practical defense of public indecency cases.
Public indecency may appear simple, but the professional assistance of an attorney on the following points can be decisive for the outcome of the case.
▶Publicity: Reviewing the possibility of denying publicity based on the surrounding circumstances at the time of the act, the CCTV angle, the location of third parties, and the like
▶Obscenity: Emphasizing that the act itself was not lewd, or arguing that a particular act was unavoidable
▶Intent: Proving that it was merely a prank or a mistake and that there was no obscene intent
▶Settlement with the Victim: Reviewing the possibility of a suspension of indictment or a reduction depending on the progress of the settlement
▶Treatment and Efforts to Prevent Recurrence: Preparing materials to submit, such as a letter of reflection, proof of completion of psychological counseling, and completion of voluntary education
Public indecency may be perceived as a minor sex offense, but it can lead to serious consequences for the accused, such as social stigma and the possibility of a heavy sentence upon reoffending.
From the victim's perspective as well, it can lead to severe psychological trauma and secondary harm.
A degree of self-response is possible, but in matters that may be judged to involve an online offense, an offense against a child, or a habitual offense, it is necessary to seek the help of an attorney experienced in this area.
An accurate legal response and the development of a strategy for recovery from harm cannot be achieved by knowing the law alone; they require practical experience in grasping the context and structure of the case.
At this firm, attorneys experienced in sex crime cases work together with attorneys experienced in criminal cases to systematically gather materials favorable to sentencing from the initial investigation stage, and through advance simulations of police questioning, they help clients prepare effectively even for unexpected questions.
In addition, an attorney accompanies the actual police questioning in person to prevent disadvantageous statements, and where a claim for damages by the victim is anticipated, the firm also prepares a defense strategy for the civil action through collaboration with attorneys experienced in civil cases.
With a single engagement, the client can receive a one-stop legal service covering the entire criminal and civil process.
