CONTENTS
- 1. The Client Who Requested a Consultation Regarding Punishment for Public Indecency
- - The Level of Punishment for Public Indecency
- - Methods of Responding to Punishment for Public Indecency
- 2. Daeryun's Assistance in Defending Against Punishment for Public Indecency
- - Arguing the Absence of a Prior Record Regarding Punishment for Public Indecency
- - Arguing That the Complainant Also Did Not Wish for Punishment for Public Indecency
- 3. Public Indecency: Successfully Defending Against Punishment Through a Suspension of Indictment
- - If You Face the Risk of Punishment for Public Indecency
1. The Client Who Requested a Consultation Regarding Punishment for Public Indecency
This is the account of a client who visited Daeryun LLC for a consultation regarding the punishment for public indecency.
On the day of the incident, the client had gone on an outing with friends to a pension near a valley.
At the gathering with friends whom the client had not seen in a long time, the client became excited and drank more than usual.
When all the other companions had fallen asleep, the client is said to have left the room while intoxicated and to have masturbated while looking in through a window.
The owner of the pension discovered the client in this state and, startled, reported the matter at once.
As a result, the client became involved in a matter of public indecency and came to visit the office of Daeryun LLC to consult about the level of punishment and the available means of defense.
The Level of Punishment for Public Indecency
Punishment for public indecency is imposed when an obscene act is committed in a public place.
A place may be regarded as a public place if it is in a state where an unspecified person or a number of people may perceive it, and any act capable of arousing sexual humiliation or disgust may be regarded as an obscene act.
Here, 🔗public indecency may be established even where a victim is not specified.
In other words, if the state is one in which an unspecified number of people could witness the act, punishment is possible even without a report from a victim.
Unlike other sexual offenses, public indecency may be established even without direct physical contact, and under the Criminal Act it is punishable by imprisonment for not more than 1 year, a fine not exceeding 5 million won, detention, or a minor fine.
In addition, upon a guilty verdict for public indecency, as with other sexual offenses, separate security measures are also imposed.
Because such security measures include registration of personal information, disclosure and notification of personal information, the wearing of an electronic monitoring device, and employment restrictions, it is advisable to take care not to become involved in the first place.
Methods of Responding to Punishment for Public Indecency
In the past, public indecency was treated as a relatively minor petty offense.
Now, however, it is regarded as a serious sexual offense and is met with a substantial level of punishment.
This reflects the fact that the standard for obscenity may be interpreted differently from one individual to another and from one era to another.
Accordingly, if you face the risk of punishment for public indecency, it is advisable first to consult with an attorney experienced in this area and to assess whether an obscene act has in fact been established.
If the offense is acknowledged, you should work together with an attorney to explore ways of seeking a reduction of sentence.
2. Daeryun's Assistance in Defending Against Punishment for Public Indecency
For the client who faced the risk of punishment for public indecency, Daeryun Law Firm established a strategy for the defense.
Arguing the Absence of a Prior Record Regarding Punishment for Public Indecency
The client had no prior record of punishment for public indecency.
Daeryun Law Firm emphasized that the client not only had no prior record of the same type of offense, but was also making efforts on his own to eliminate any possibility of reoffending, such as abstaining from alcohol, and respectfully requested leniency.
Arguing That the Complainant Also Did Not Wish for Punishment for Public Indecency
The owner of the pension, who witnessed the scene of the client's act, reported it.
The reporting party, however, asserted that he had reported the matter immediately only because he was so greatly startled, and that he did not wish to see the client punished.
3. Public Indecency: Successfully Defending Against Punishment Through a Suspension of Indictment
With the assistance of Daeryun Law Firm, the client, who had faced the risk of punishment for public indecency, was able to receive a suspension of indictment conditioned on the completion of education.
As a result, the client was able to conclude the matter without being punished.
The client also repeatedly expressed gratitude to the attorneys of Daeryun Law Firm, who provided their full effort in assisting with his case.
A ‘suspension of indictment’ refers to a decision by the prosecutor not to indict, even where the offense is acknowledged, taking into account such factors as the suspect's age, character and conduct, environment, relationship with the victim, motive and means of the offense, and circumstances following the offense. In other words, a suspension of indictment conditioned on the completion of education means that the suspension of indictment is granted on the condition that a certain amount of education is completed.
If You Face the Risk of Punishment for Public Indecency
As with the client in the case above, if you become involved in a criminal matter such as public indecency, it is advisable to consult promptly with an attorney and to develop a strategy through which leniency may be requested.
Solely for the resolution of the client's case, Daeryun Law Firm forms a response team of three to twenty 🔗attorneys with extensive experience in handling cases, and establishes a response strategy.
If you face the risk of punishment for public indecency as described above, please feel free to request a consultation at the 🔗nearest Daeryun Law Firm office.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
