[English Translations for Global Clients – Success Case]

1. Case Overview

The client (the suspect) was investigated by law enforcement on charges of public indecency, based on allegations that he engaged in masturbation in a secluded area between bookshelves inside a library.

Under Korean law, the crime of public indecency is established when a person commits an obscene act in a situation where it can be perceived by an unspecified number of people, thereby causing sexual shame and violating public morality.

If convicted, avoiding criminal penalties becomes extremely difficult.

2. Taelim’s Assistance

Taelim’s defense team focused on proving that—even if the client’s conduct appeared obscene—the essential legal requirement of “public visibility” (공연성) was not met in this case.

The attorneys emphasized that the location in question—a narrow, enclosed space between library bookshelves—was not a place where an unspecified number of people could easily witness the act. Therefore, the act did not satisfy the legal definition of public visibility.

Moreover, the defense secured a statement from the witness confirming that they had not actually seen the client’s genitals.

This demonstrated that the witness merely assumed what the client was doing, and thus their testimony could not serve as decisive evidence of obscenity or public visibility.

3. Case Outcome

The prosecution ultimately issued a disposition of no charges (insufficient evidence).

As a result, the client avoided criminal punishment and was able to resolve the matter without any criminal record.

4. Significance of the Judgment

This successful outcome illustrates how crucial early legal intervention and precise statutory interpretation are in cases involving sexual offense allegations such as public indecency.

The case demonstrates that criminal liability cannot be established merely because an obscene act may have occurred. Instead, it must be carefully examined whether the act meets the strict legal requirement of “public visibility.”

Thoroughly challenging this element played a decisive role in preventing criminal punishment for the client.

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If you’re facing a similar situation,

don’t hesitate to reach out to Taelim Law Firm for legal assistance.