Changwon Sex Crimes Attorney's Assistance | Juvenile Accused of Intrusion into a Public Place for Sexual Purposes Defended with ‘Entrustment to Protective Custody’

The Changwon sex crimes attorney heard the detailed circumstances at the time of the incident from the client's son (hereinafter, the actor).

The actor said that he had overeaten at a family dinner out on the evening of the incident.

He then went straight to his English academy. The actor, who usually had trouble with indigestion, said that he looked for a public restroom outside the academy in order to relieve himself.

Because he urgently needed to relieve himself, he entered the women's restroom. Upon realizing that there was no toilet paper in the stall he had entered, the actor stepped up onto the toilet and leaned his head into the adjacent stall to check for toilet paper.

However, there was a female student in the adjacent stall, and the actor was reported to the police by this student.

The actor sought to deny the charge, stating that he had absolutely not entered the women's restroom intentionally and for a sexual purpose.

The Changwon sex crimes attorney first explained the relevant statutes that could apply to the client.

This offense is a purpose-specific offense that requires a sexual purpose. Because there must be a purpose of satisfying one's own sexual desire, this includes, for example, entering a changing room to secretly watch another person's naked body, entering to film another person's body, and entering to watch another person using a restroom.

If a juvenile aged 14 or older, such as the actor, has committed an offense, this constitutes a 🔗juvenile offense. Accordingly, the case may be referred to a juvenile protection hearing, and the protective disposition in such a hearing may range from Type 1 (entrustment to protective custody of a guardian or a person who can protect the juvenile in place of a guardian) to Type 10 (referral to a long-term juvenile reformatory).

The actor urgently needed to relieve himself and entered the restroom, and only belatedly realized that it was a women's restroom.

The attorney argued that, had the actor had a sexual purpose, he would have carried a mobile phone to take covert photographs or would have fled to conceal the offense upon encountering the complainant, yet the actor did not even have a mobile phone with him.

The restroom at the academy the actor attended was in very poor condition, so everyone was reluctant to use it, and for that reason the actor also had no choice but to use the public restroom.

The attorney also argued that, because the actor had overeaten at a meal with his family that day and usually suffered from indigestion, it was not at all unusual that he urgently needed to use the restroom.

On the day of the incident, in front of many academy students, the complainant rebuked the actor in a tone suggesting that he had committed a crime and reported him to the police, behaving in a manner that clearly presented the actor as if he were the perpetrator.

The attorney argued that, as a result, not only the actor but also his family were experiencing stress and mental suffering.

According to data from the National Police Agency, over the past five years the number of detected cases of this offense has increased by more than 100 cases each year.

Accordingly, investigative agencies and the courts are also increasingly raising the level of punishment for this offense.

However, because this offense is punishable when a person intrudes with sexual desire, the offense is not established where there was no such intent and the conduct was merely a simple mistake.

Therefore, clearly proving that there was no intent behind the conduct can be a way to be cleared of the charge, and in this process it may be helpful to obtain the assistance of an attorney specializing in sex crimes.

If you are facing difficulty in a situation similar to the case above, you may at any time 🔗request a legal consultation from the Changwon office of Daeryun Law Firm.