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Public indecency
Public indecencyNon-prosecution

Public indecency | A client accused of public indecency, with the case concluded by a disposition not to prosecute

The client, who visited Daeryun after being reported for public indecency, requested assistance in defending the case, and through the assistance of an attorney with extensive experience in public indecency litigation, received a disposition not to prosecute.

1. The client who visited to defend a public indecency case

공연음란죄

The client, who visited Daeryun to defend a public indecency case, had been reported for masturbating inside a passenger car and requested assistance in defending the public indecency case.

The circumstances of the case

The client, who visited Daeryun to defend a public indecency case, was an upstanding young man in his twenties.

The client was spending some time inside his own passenger car to head home together with his younger sister, who was working a part-time job late at night.

Having received a text from his younger sister saying that she would likely get off work a little later because work had increased, the client moved the car to a secluded place and waited.

After confirming that no one was around, the client felt a sexual impulse and ended up masturbating inside the vehicle.

However, there was a person taking a walk around the vehicle, and the witness confirmed the client's masturbation and reported it to the police.

In response, the client visited Daeryun to obtain assistance in defending the public indecency case.

Level of punishment

If one commits public indecency by openly committing an indecent act, imprisonment for not more than one year, a fine not exceeding five million won, detention, or a minor fine is imposed.

Here, 'openly' means a state in which an unspecified or large number of people could perceive it, and it does not require that it was actually perceived.

An 'indecent act' means an act that arouses or satisfies sexual desire and that causes a person feelings of shame or disgust.

2. Daeryun's assistance in defending the public indecency case

🔗public indecency To assist the client who requested defense of the case, Daeryun formed a case team of sexual crimes attorneys and assisted with the overall procedure.

Argument that it was not an act carried out openly to the extent of constituting public indecency

To defend the public indecency case, Daeryun's case team argued that the client's masturbation was not in fact carried out openly.

The client masturbated inside his own passenger car, which had tinted windows.

It was not a situation in which an unspecified or large number of people could have perceived the client's act.

Daeryun emphasized that at the time of the incident it was deep night well after sunset and that it was an impulsive act by the client, who believed that no one was around.

Argument that the client is sincerely repenting the act of public indecency

The client, charged with public indecency, acknowledged his offense and was sincerely repenting.

The client was reproaching himself for failing to suppress a sexual impulse that suddenly arose after he moved the vehicle to a secluded place while waiting for his younger sister.

He regretted his foolish judgment in thinking there would be no witnesses because it was a secluded place where no one passed by and it was deep night.

Daeryun's case team argued that the client was deeply repenting his wrongdoing and that there was no likelihood of reoffending.

3. Public indecency, case concluded with a decision not to prosecute

For the client, who visited Daeryun to obtain assistance in defending the public indecency case, a case team was formed and assisted with the entire procedure, and as a result, the case was able to be concluded with a decision not to prosecute.

Successful defense of the public indecency case, disposition not to prosecute

The client, who visited Daeryun to defend a public indecency case, had been reported for masturbating inside his own passenger car.

In response, Daeryun formed a case team of sexual crimes attorneys with extensive experience in public indecency litigation and assisted with the overall procedure.

As a result, the prosecution accepted Daeryun's argument, and the client was able to receive a disposition not to prosecute.

Quite satisfied with the case result, the client expressed gratitude to the staff in charge and the sexual crimes attorney.

If there is anyone who needs assistance with a public indecency case as in the above situation, please visit and 🔗consult with Daeryun Law Firm.

공연음란죄 방어사례 | 공연음란죄로 고소 당한 의뢰인, 불기소 처분으로 사건 종결

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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