Public Indecency Case | Minor Fine for a Client Charged With Public Indecency

The client is a man in his 30s working as a public official.

On the day of the incident, while traveling to a provincial area, the client became drowsy, and to wake himself up, he stopped his vehicle on the shoulder of the road and watched social media.

In the process, he came across a remark that ‘thinking about something sexual wakes you up,’ and to test whether it actually had an effect, he played a sexual video.

He then engaged in masturbation inside the vehicle, and at that moment he happened to make eye contact with a woman passing nearby.

Startled, the client quickly left the scene, but following a report by the victimized woman, he received a request to appear at the police.

Being a public official, the client feared that this public indecency case might lead to grounds for dismissal, and he immediately requested assistance from a sex crimes attorney.

The key issue in this case was that, because the client held public official status, a criminal punishment of a fine of 1 million won or more for public indecency could constitute grounds for removal from office.

Educational Officials Act

Article 43-2 of the Educational Officials Act provides as follows.

Article 10-4 of the same Act lists as a ground for disqualification “a person who has committed a crime provided in Article 2 of the ‘Act on Special Cases concerning the Punishment of Sexual Crimes’ and for whom three years have not passed since a fine of 1 million won or more became final.”

That is, because public indecency is a sexual crime included in Article 2 of the above Act on Special Cases, it was a dangerous situation in which receiving a fine of even 1 million won or more could lead to immediate removal from office.

Accordingly, an active response strategy was prepared in advance so that the client could receive the minimum punishment.

Specifically, the following circumstances were explained to the investigative authorities in an effort to obtain leniency.

The client sincerely reflects on this case and, in a spirit of repenting for his wrongdoing, is contributing to society by engaging in activities such as volunteer work.

In addition, the sex crime attorney supported the client in completing an educational course on the prevention of sex crimes to prevent reoffending, and emphasized that the client has now completed all of that education.

The sex crimes attorney actively supported the settlement process as a whole, including providing specific advice on the drafting and delivery of an apology letter so that the client's sincere remorse could be sufficiently conveyed to the victim.

In addition, the attorney arranged for the client to personally meet the female victim and convey sincere apologies, and did everything possible for the victim's recovery, including helping the client to prepare the settlement money and deliver it in good faith.

As a result, the attorney emphasized that the female victim accepted the client's apology and clearly expressed her intention not to seek further punishment.

Where a person becomes involved in a sex crime case while holding the status of a public official, it can lead not only to criminal punishment but also to administrative dispositions such as disciplinary action or dismissal, so a prompt and strategic response is more important than anything else.

Daeryun LLC has a number of attorneys handling sex crimes with an average of 10 or more years of experience, and it provides tailored assistance focused on maintaining a public official’s status from the early investigation stage.

Also, by conducting a simulation similar to actual practice before the police investigation, the firm thoroughly prepares to prevent unnecessary or unfavorable statements in advance.

If you are experiencing difficulty due to a sex crime case, including public indecency, please feel free at any time to request assistance from an attorney specializing in sex crimes at Daeryun LLC.