CONTENTS
- 1. Client Who Sought Assistance Regarding a Charge of Public Indecency
- - Reviewing the Penalty Levels for Public Indecency and Indecent Act by Compulsion
- 2. Establishing a Defense Strategy for the Client Charged with Public Indecency
- - Public Indecency Defense 1. Emphasizing the Lack of Intent and the State of Intoxication
- - Public Indecency Defense 2. Emphasizing That the Client Was a First-Time Offender
- - Public Indecency Defense 3. Emphasizing an Amicable Settlement with the Victims
- - Public Indecency Defense 4. Emphasizing the Low Likelihood of Reoffending
- 3. Result of the Public Indecency Defense: Case Concluded with Suspension of Indictment
1. Client Who Sought Assistance Regarding a Charge of Public Indecency
This is the account of a client who requested help on charges of public indecency and indecent act by compulsion.
The incident occurred one late evening while the client was sitting on a bench in a nearby park.
At the time, the client, who was heavily intoxicated, was loosening his sweaty trousers to let in air, when a passerby who saw this reported it to the police, and a problem arose.
The reporting person claimed that "he pulled down his lower garment and engaged in indecent behavior in a public place," and a review of the nearby CCTV showed A sitting with his trousers pulled down to his knees.
The police then began an investigation on a charge of public indecency, and as another female witness who had been at the scene stated that "he rubbed his genitals against her body," a charge of indecent act by compulsion was also applied.
In a critical situation that could lead to criminal punishment, the client decided to respond with the help of a specialist attorney, and chose Daeryun Law Firm, which provides a TF response dedicated solely to the client.
Reviewing the Penalty Levels for Public Indecency and Indecent Act by Compulsion
🔗Public indecency is a crime that applies where a person commits an indecent act in public against another person in a public place.
For public indecency to be established, the following elements must be satisfied.
-Indecency: An act that offends sexual shame and runs counter to sound notions of sexual morality
The mere fact that part of the body was exposed does not establish public indecency.
For example, wearing a swimsuit at a swimming pool cannot be regarded as public indecency, but intentionally exposing the genitals or sexual parts may be subject to criminal punishment.
Criminal Act Article 245 (Public Indecency): A person who commits an indecent act in public shall be punished by imprisonment for not more than one year, a fine of not more than 5 million won, detention, or a minor fine.
🔗Indecent act by compulsion is a crime established where a person commits an indecent act against another by means of assault or intimidation.
Criminal Act Article 298 (Indecent Act by Compulsion): A person who commits an indecent act against another by means of assault or intimidation shall be punished by imprisonment for not more than ten years or a fine of not more than 15 million won.
2. Establishing a Defense Strategy for the Client Charged with Public Indecency
The attorney set out to establish a defense strategy for the client charged with the crime of public indecency.
Public Indecency Defense 1. Emphasizing the Lack of Intent and the State of Intoxication
The defense attorney emphasized that the client was intoxicated at the time of the incident and had no intent whatsoever to commit an obscene act or an indecent act.
The client committed this offense impulsively while in a state of temporarily impaired judgment.
The defense attorney emphasized that this was an incident the client committed impulsively while heavily intoxicated, and not one that he carried out with a deliberate criminal purpose.
Public Indecency Defense 2. Emphasizing That the Client Was a First-Time Offender
The attorney in charge emphasized that the client was a first-time offender with no prior criminal record whatsoever.
He was trusted at work, was a dependable son to his family, and was a diligent member of society.
To prove that the client was a person with a sound foundation in society, the attorney in charge submitted petitions from family and acquaintances around him.
Public Indecency Defense 3. Emphasizing an Amicable Settlement with the Victims
The attorney in charge emphasized that the client had conveyed a heartfelt apology to the victims.
The client conveyed a sincere apology and made efforts to compensate, at least monetarily, for the mental harm the victims had suffered.
As a result, the victims accepted the client's apology and prepared statements of no desire for punishment, indicating that they did not want the client to be punished.
Public Indecency Defense 4. Emphasizing the Low Likelihood of Reoffending
The attorney in charge argued that the offense was an impulsive act committed while heavily intoxicated and that the conduct also lasted only a short period of three minutes.
The attorney emphasized that the degree of infringement of the victims' legal interests was not very great and that it had been an impulsive offense.
The attorney in charge also emphasized that the client was undergoing psychiatric hospital treatment and counseling to prevent reoffending, and argued that the likelihood of reoffending was very low.
3. Result of the Public Indecency Defense: Case Concluded with Suspension of Indictment
As a result of defending a client charged with public indecency and indecent act by compulsion, the client received a suspension of indictment, successfully bringing the case to a close.
Public indecency and indecent act by compulsion are offenses that require a response taking into account complex factors such as the actor's intent, the characteristics of the location, and the credibility of the victim's statements.
In particular, such sex offenses can seriously affect daily life, not only through social stigma and direct criminal punishment but also through security measures, so a firm response is needed from the early stage of the case.
At Law Firm Daeryun, a sex crime specialist attorney undertakes a task-force response dedicated solely to the client.
-Establishing an early response strategy toward the investigative authorities
-A tailored defense strategy depending on whether the charge is admitted or denied
-Representation and mediation in a settlement with the victim
-Preparation of written materials to compile sentencing evidence
In sex offense cases, a prompt and specialized response is key.
At Law Firm Daeryun, a 🔗sex crime specialist attorney and a 🔗criminal law specialist attorney, who have handled many sex offense cases, collaborate to provide a defense strategy optimized to the client's circumstances.
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.
