​Supreme Court finds Man guilty of obscene act for standing naked on hotel balcony

By Park Sae-jin Posted : April 30, 2019, 16:24 Updated : April 30, 2019, 16:24

[Pixabay]

SEOUL --  A 36-year-old man, who stood naked on the balcony of a hotel in a broad daylight facing towards an outdoor swimming pool, was found guilty of a lewd act after a 19-month legal battle that caused a heated online debate in South Korea over whether he should be punished or not.

The man stood trial after a woman saw him standing naked on the sixth-floor balcony of a hotel room on September 11, 2017, in the southern port city of Busan, overlooking an outdoor swimming pool for several minutes. A woman in the swimming pool was taken aback by an unexpected scenery and reported to police for an investigation.

A district court ruled he was innocent because his wife was packing up right next to him, but prosecutors appealed, accusing him of lewdness in an open place. The appeals court overturned the lower court's decision, ruling that standing naked on a hotel balcony is an indecent act that can cause sexual shame in the public.

The man was slapped with a fine of 500,000 won ($428) and was ordered to receive a 24-hour sexual violence treatment program. He appealed, but the Supreme court upheld the high court's decision, saying the man failed to provide a legitimate reason for appealing.

"Considering that he knew that the balcony was visible from the outside and that he did not try to cover up the important part, he knew that his act may give offense and shame to others, and his intention should be recognized," the highest court ruled.

The case has caused a debate on South Korean online communities. "What about women protesting topless in public places? Why aren't they charged with obscene acts in public?" said "PETRE", a user from South Korea's online community Clien. Another user "IndiJones" said, "I think it depends on how well he was seen from the swimming pool."
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