| Case Name |
Trespassing and Public Indecency |
| Case Overview |
The client was charged with trespassing and public indecency for attempting to urinate in a building. |
| Special Circumstances |
The client, a foreign student, faced certain deportation if fined 5 million won. |
| Case Handler |
Attorney Juhyeong Kim |
| Outcome |
Fine reduced to 2 million won. |
1. Client Situation and Facts
The client, a late-20s Chinese national, was a student in Korea. On the day of the incident, he went for a bike ride after dinner and urgently needed to find a restroom. Unable to locate one, he followed a person delivering food into a building and tried to urinate in the stairwell, but was caught by the person who had just completed the delivery. The person reported the incident to the police, leading to the client being charged with trespassing and public indecency.
As a doctoral student in Korea, the client was at risk of deportation under immigration law if he received a summary order fine of 5 million won. To address this, he sought professional legal assistance from Ma-Jung from the police investigation stage.
2. Case Issues and Resolution Process
1) Admitting Trespassing Charge
Ma-Jung first acknowledged the trespassing charge, highlighting the client’s urgent need to use the restroom and his deep remorse for his poor judgment.
2) Disputing Public Indecency Charge
Despite the prosecution's inclusion of public indecency in the indictment, the client consistently stated that he was only trying to relieve himself due to urgent necessity, not to engage in indecent behavior. Ma-Jung emphasized that the client had no reason to engage in indecent behavior in front of another man, and highlighted the client's immediate flight to the rooftop and subsequent apology after being caught.
Ma-Jung agreed to the prosecution’s CCTV evidence but disputed its interpretation, arguing that the client did not exhibit behavior consistent with public indecency.
3) Request for Formal Trial and Appeal
The client and Ma-Jung requested a formal trial after receiving a 5 million won fine in a summary order. However, the first trial court upheld the charges and fine, prompting an appeal.
During the appeal, Ma-Jung presented medical records proving the client had a chronic overactive bladder condition, which led to his urgent need to urinate. They also submitted the client’s academic records to show his diligent conduct. These documents demonstrated that the first trial's findings were factually and legally erroneous, leading to an excessively harsh sentence.
3. Case Outcome and Client Benefit
As a result of Ma-Jung’s thorough efforts, the appeal court accepted their arguments, acquitting the client of the public indecency charge.
The court also reduced the original fine to 2 million won, eliminating the risk of deportation. Although the prosecution appealed to the Supreme Court, the appeal was dismissed, finalizing the reduced sentence.
4. Significance of the Judgment (Explanation of the Disposition)
Foreign nationals facing criminal charges in Korea must address both the criminal consequences and immigration consequences. Foreigners must consider their visa status, requiring specialized legal approaches. To minimize negative impacts, it’s crucial to seek assistance from experts familiar with both criminal and immigration law. Ma-Jung's foreign client center provides comprehensive support, with experienced attorneys guiding clients through every step, from investigation to trial.
