Court Acquits Man in His 50s of Public Indecency for Urinating Twice on Street Market in Broad Daylight in Second Trial

Recognition of Violation of Minor Offenses Act... Fine of 150,000 Won Imposed

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] A man in his 50s who urinated twice in broad daylight at a market was acquitted of public obscenity charges again in the second trial.

The Criminal Division 1 of Chuncheon District Court (Presiding Judge Kim Cheong-mi) announced on the 1st that it had acquitted Mr. A (55), who was indicted on charges of public obscenity, just as in the first trial.

However, the court found Mr. A guilty of violating the Minor Offenses Act, which the prosecution added as a subsidiary charge in the appeal trial, and sentenced him to a fine of 150,000 won.

The court stated, "Even after carefully examining the evidence lawfully collected and investigated by the lower court, the lower court's findings of fact and judgment are justified."

Chuncheon District Court, Hyoja 2-dong, Chuncheon-si, Gangwon-do. / Image source: Chuncheon District Court website.

Mr. A was brought to trial on charges of committing obscene acts by urinating twice at 30-minute intervals in front of an unspecified number of people at an intersection in a market in Wonju City on May 21, 2021, during the daytime.

However, the Wonju Branch of Chuncheon District Court, which handled the first trial, acquitted Mr. A, reasoning that he appeared to have urinated and then pulled up his pants again, and that he did not engage in any other behavior.

The court judged that it was difficult to consider the act as intended for obscene behavior, based on Mr. A's statement that he was intoxicated while drinking at a nearby restaurant, urgently needed to urinate, and could not go to the restroom located on the second floor.

The prosecution, dissatisfied with the first trial's acquittal, argued that ▲ Mr. A urinated with his pants and underwear down toward people at the market intersection ▲ the distance between the restaurant where he was drinking and the crime scene was quite far ▲ witnesses screamed, and claimed that Mr. A's actions went beyond merely causing embarrassment or discomfort and constituted obscene acts, but this was not accepted.

Article 3, Paragraph 1, Item 12 of the Minor Offenses Act (Public Urination, etc.) stipulates that "anyone who spits carelessly, urinates or defecates, or causes others to do so, or brings animals such as dogs to defecate and fails to clean up in places such as roads, parks, or other places where many people gather or pass by" shall be punished by a fine not exceeding 100,000 won, detention, or a minor fine.

The appellate court judged the two acts of urination committed by Mr. A as separate crimes and sentenced him to a fine of 150,000 won in accordance with Article 38, Paragraph 1, Item 2 of the Criminal Act concerning the punishment of multiple offenses.

Article 38 (Multiple Offenses and Punishment) Paragraph 1, Item 2 of the Criminal Act stipulates that when punishing multiple offenses simultaneously, if the punishments prescribed for each crime are of the same type, the punishment for the heaviest crime may be increased by up to half of the term or amount prescribed.

This content was produced with the assistance of AI translation services.