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☞Subscribe to the Hankyoreh newsletter H:730. Type ‘Hankyoreh h730’ in the search bar. There is criticism that investigative agencies are mechanically applying the charge of ‘public indecency’, which carries a lighter sentence, even in cases where lewd acts toward a specific woman actually constitute forcible molestation. Not only is the sentence for the crime of public indecency lighter compared to forcible molestation, but it is also a crime that makes the ‘state’ the victim, so it is not easy to punish it by accurately reflecting the actual victim’s intention to be punished. According to the analysis of ‘the essence of public indecency’ by Inspector Lee Bi-hyun of the Seoul Gwanak Police Station, presented at a joint academic seminar between the Police Human Resources Development Institute and the Police Gender Research Association on the 5th, 30 cases were reported to the Gwanak Police Station from January last year to July 5th of this year. All of the suspects in the proposed performance obscenity crime were male except for two. Most of the male suspects were booked on charges of committing lewd acts by exposing their genitals toward specific women. Obscene acts targeting specific women can be considered forcible harassment even if there is no physical contact. In 2013, the Supreme Court ruled that a man in his 20s masturbated twice in front of an elementary school girl as molestation. However, investigative agencies mainly apply ‘public indecency’ charges because there is no physical contact. In the case of public indecency, the protected legal interest is ‘protection of healthy sexual morals’. This means that although the actual damage was suffered by an individual, the legal victim is the ‘state’. This is why there are cases where people become ‘witnesses’ rather than ‘victims’ even if they experience damage that is close to ‘molestation’. Inspector Lee pointed out, “Even if a witness suffered from an obscene act, their intention to be punished may not be properly reflected.” Even though they are victims, they are not granted official victim status, which causes a lot of confusion in practice. Depending on the type of investigator and judge you meet, the punishment can vary. Last September, Judge Lim Chang-hyeon of the Chungju branch of the Cheongju District Court sentenced a man to one year in prison and 40 hours for public indecency for committing lewd acts on a total of five occasions, including following women on the sidewalk and in front of a building’s elevator, taking off his pants and underwear and masturbating with his genitals. He was sentenced to complete a sexual violence treatment program. Judge Lim judged the crime to be a ‘preliminary act of sexual violence’, saying, “The crime and the circumstances in which the crime was committed are very poor because it not only violates social legal interests regarding sexual customs, but also has the nature of molestation against a young woman.” Although he was indicted for public indecency, it was considered a ‘sexual crime’ that harmed the women who were witnesses. Inspector Lee said, “However, when indicted for public indecency, in most cases the trial is conducted with the victim regarded as a mere witness.” Attorney Kyeong-ha Lee, standing human rights director of the Korean Women Lawyers Association, said, “If the investigative agency determines that it is a crime of sexual indecency even though it can be considered a crime of forcible harassment, the victim will not receive the legal and institutional protection that can be received during the investigation and trial stages.” “There is a need to supplement police and prosecutorial investigation manuals so that lewd acts against women are not mechanically judged as acts of public indecency,” he said. Reporter Park Ji-young jyp@hani.co.kr
2023-09-13 22:00:29
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