Son with 'School Violence Aftereffects' Pulls Down Pants on Street: Indecent Exposure Charge? [Seocho-dong Legal Story]

"What's a performance?" Mother attends son's 'public indecency' trial
Accused of exposing specific body parts to neighbor mother and daughter
Prosecution: "Fine and sex offender treatment" vs Defense: "Mental health not good"
Judge considers adding preliminary charge of excessive exposure under Minor Offenses Act, asks prosecution for opinion

[Asia Economy Reporter Kim Daehyun] "Defendant, are you Park Minseong (alias) yourself?" (Judge)

On March 9th, in a courtroom on the 5th floor of the Seoul Central District Court, Judge Bang Hyemi of Criminal Division 22 asked this question as an elderly woman A, with white hair, entered the defendant's seat. A was not the young defendant who was supposed to stand trial. Wearing a faded black coat, she said, "He is my son" and explained that she came instead of Minseong, who stayed at home. In one hand, she held her son's indictment. A pointed to her head with her fingertip, saying, "He suffered from school violence when he was young, so he has difficulty with this." The judge asked A to step outside the defendant's seat for the time being.

A asked, "But they say he committed public indecency. What is that?" The judge replied, "The defendant must appear in person..." trailing off. Public indecency refers to performing obscene acts in a public place where multiple people can see, causing shame and disgust to others. Minseong is accused of standing late at night in front of a villa in Gwanak-gu, Seoul, last June, pulling down his pants and turning toward a mother and daughter neighbor to expose specific body parts.

A asked again, "I don't know what that crime is called, so I'm asking. I don't know what 'public' means..." and questioned, "What kind of public?" The judge said, "It's not appropriate to explain now. The state will appoint a public defender for him," and sent A away.

At the sentencing hearing held on the 27th of last month, Minseong appeared in court himself. His speech and gait were slow. When his lawyer showed photos and asked if that was the place where he pulled down his pants and if he remembered being reported to the police, he slowly answered, "I don't know the way well," and "I don't want to talk." The lawyer appealed, saying, "The defendant's physical and mental health are poor, and he needs continuous hospital treatment," and "Family protection is essential."

After a moment of consideration, the judge asked the prosecutor, "Would you be willing to add a preliminary charge of excessive exposure under the Minor Offenses Act?" The prosecutor agreed. Article 245 of the current Criminal Act stipulates that public indecency is punishable by imprisonment of up to one year or a fine of up to 5 million won, but Article 3 of the Minor Offenses Act states that publicly exposing major parts of the body in a public place causing shame and discomfort to others is punishable by a fine of up to 100,000 won.

The judge asked Minseong if he agreed. When he said "Yes," A muttered from the gallery, "He probably doesn't even know what a minor offense is..."

The prosecutor requested the court to sentence Minseong to a fine of 2 million won and order him to complete a sexual violence treatment program. They also asked that if the public indecency charge is acquitted, he be fined 50,000 won for violating the Minor Offenses Act.

On the other hand, the defense argued, "There is no evidence that the defendant intentionally committed obscene acts," and "As you can see, he has had poor mental health for a long time, is extremely withdrawn, and communication is not smooth." They also pleaded for leniency, saying, "At that time, he was just trying to urinate alone and couldn't quickly clean up. The defendant has no history of sexual crimes and no motive for the offense." The sentencing date is set for the 25th.