[Successful Sentence Reduction by a Gwangju Dong-gu Criminal Law Attorney] Gwangju Dong-gu Criminal Law Attorney Secures a Reduction to a Suspended Sentence on Appeal

This is a case in which a client who became involved in a public indecency offense after exposing his genitals on the street received a custodial sentence at the original trial.

The client had a urination disorder and exposed his genitals on the street in order to urinate urgently.

Having caused aversion and humiliation to others nearby, the client received a custodial sentence at the original trial.

The client considered the sentence excessively heavy and, to obtain a reduction on appeal, turned to a Gwangju Dong-gu criminal law attorney.

■ Statute on Public Indecency

■ The offense of publicly committing an indecent act (Criminal Act Article 245).

"Publicly" refers to a state in which an unspecified person or a number of persons can perceive it, and it does not require that the act was actually perceived.

An "indecent act" refers to an act that arouses or satisfies sexual desire and that causes humiliation or aversion to a person.

■ In judging indecency, all circumstances must be considered, such as the surrounding environment in which the act takes place and the customs and community practices.

Accordingly, even disrobing does not fall within the offense when done, for instance, in order to enter a bathhouse or to serve as an artist's model.

Apart from this, obscene language is regarded as not constituting an act falling within this offense, although the interpretation is divided between an affirmative view and a negative view.

A person who commits this offense is punished by imprisonment for not more than one year, a fine of not more than 5 million won, misdemeanor detention, or a minor fine.

■ The Gwangju Dong-gu criminal law attorney emphasized that, at the time of the incident, the client had been trying to urinate involuntarily because of a urination disorder caused by benign prostatic hyperplasia and prostate cancer, and that there was no sexual motive or purpose whatsoever.

■ The Gwangju Dong-gu criminal law attorney emphasized that the client had also been diagnosed with chronic obstructive pulmonary disease, that his health was extremely poor, and that it would be impossible for him to endure a prolonged period of confinement.

■ The Gwangju Dong-gu criminal law attorney emphasized that the client deeply reflected on his failure to be considerate of the people around him.

■ The Gwangju Dong-gu criminal law attorney emphasized that the client's family earnestly pleaded for the greatest possible leniency toward the client.

The court accepted the submissions of the Gwangju Dong-gu criminal law attorney and ruled, "The judgment of the original trial is reversed. The defendant is sentenced to imprisonment for six months. The execution of the above sentence is suspended, however, for one year from the date this judgment becomes final."

With the assistance of the Gwangju Dong-gu criminal law attorney, the client was able to obtain a suspended sentence on appeal.

In this case, the client became involved in a public indecency offense after exposing his genitals on the street and received a custodial sentence at the original trial,

but with the assistance of a Gwangju Dong-gu criminal law attorney, he received a suspended sentence on appeal.

The standard for public indecency is ambiguous, and many people find it easy to be confused by it. It is therefore advisable to obtain the help of an experienced attorney at the early stage of a case.

If you are involved in a public indecency offense as in this case and are looking for a solution, you may reach out to a Gwangju Dong-gu criminal law attorney at any time.