1. Case Overviewa. Party Represented by Barun Law
The defendant.
b. Background of the Case
The client was indicted on charges of forcible molestation for allegedly molesting a victim whom the client had met through a dating application. In particular, the client had two prior convictions for similar sexual offenses and was on probation at the time of the instant offense, making an unsuspended prison sentence virtually unavoidable.
c. Litigation Details
The core issues in this case were whether the client's conduct satisfied the elements of the offense of forcible molestation, and, if guilt were established, whether the client could nonetheless avoid actual 바카라 온라인 despite aggravating factors such as prior similar convictions and commission of the offense during a probationary period.
2. JudgmentThe court sentenced the client to ten months' 바카라 온라인, suspended for a period of two years.
3. Our Arguments and RoleIn a crisis situation where the likelihood of an unsuspended prison sentence was extremely high, we devised and executed a multifaceted defense strategy on behalf of the client.
First, we employed a strategy to avoid actual 바카라 온라인 by allowing the probationary period to expire. By strategically managing the litigation so that the client's prior probationary period elapsed during the pendency of the trial, we removed the impediment to the imposition of a suspended sentence under Article 62 of the Criminal Act.
Second, we meticulously contested the charged facts to secure favorable sentencing factors. Through defense briefs and closing arguments, we presented objective evidence, including the circumstances of the meeting between the defendant and the victim, the context before and after the incident, and CCTV footage, and actively argued that the defendant's conduct did not rise to the level of "violence or intimidation," which is an essential element of the offense of forcible molestation. Although the defendant was ultimately found guilty, these detailed arguments led the court to form the impression that the degree of molestation was relatively minor, thereby operating favorably in sentencing.
Third, through examination of the victim as a witness, we conveyed mitigating circumstances to the court. We elicited testimony that the victim filed the complaint not so much to seek punishment of the defendant as to raise awareness of problems associated with dating applications, that the physical contact at the time was "not particularly unpleasant," and that the victim did not wish for the defendant to be punished. These statements were actively utilized as favorable sentencing factors.
4. Significance of the JudgmentThis judgment is an exceptional case in which a suspended sentence, rather than actual 바카라 온라인, was imposed on a defendant who had two prior convictions for similar sexual offenses and committed another offense during a probationary period. It is a meaningful success story demonstrating that, even in situations where avoiding 바카라 온라인 appears extremely difficult, optimal results can be achieved through a combination of strategic judgment such as eliminating statutory disqualifications for probation through litigation management, active defense aimed at forming favorable sentencing impressions by closely contesting the specific facts of the charges, and the proactive submission of mitigating sentencing materials.
□ Attorneys in charge: Kim Hyeon-jung, Lee Soo-min