Overview of the case (facts)
The client was drinking with a group of acquaintances when he made inappropriate physical contact with a female acquaintance who was asleep while his judgment was impaired due to excessive drinking.
He then used verbal and physical force against the responding officers and faced multiple charges, including obstructing justice and causing bodily injury.
Our client, a young man who was new to society, came to us fearing that a momentary mistake could result in severe penalties, a sex offense conviction, and a security ban.
Case Issues (Case Features)
In this case, the client admitted to all charges, and there was a high likelihood of a jail sentence due to the quasi-forcible molestation, obstruction of justice, and injury charges. Therefore, the key issues were an amicable settlement with the victims, the client's sincere remorse and efforts to prevent reoffending, and the ability to collect and effectively argue for the maximum amount of favorable mitigating evidence to obtain the maximum possible sentence, including a fine and, most importantly, exemption from the disclosure/notification and employment restriction orders.
Assistance from Ongang
Ong Kang's defense team focused on providing the following legal assistance to ensure that the client was not overly penalized and was able to resume his role as a contributing member of society.
1. Developed a plea-based, sentence-optimizing strategy:
Through in-depth consultation with the client from the beginning of the case, we accurately identified all the facts and focused the defense on admitting the charges but minimizing the penalties. In particular, we avoided imprisonment and aimed for a fine, and established a strategy for exempting collateral dispositions (registration/disclosure/notification, employment restrictions) related to sex crimes.
2. prompt and amicable settlement efforts with victims:
- Settlement with victims of quasi-forcible molestation and assault: Defense counsel carefully communicated with the victims in person, conveyed the client's sincere apology, and proposed a payment plan in consideration of the client's difficult economic situation, and made active efforts to reach an amicable settlement with all the victims and received their willingness to not be punished.
- Efforts to recover damages for police officers who were obstructed/injured: We conveyed our sincere apologies to the police officers and made efforts to comply with the settlement by conducting a criminal deposit to recover substantial damages.
3. the client's sincere remorse and commitment to prevent reoffense:
- The client faithfully prepared and submitted a written reflection in which he reflected on the incident and his wrongdoing, including a letter of apology to the victims.
- Emphasized that he has made and is making a commitment to sobriety to address his drinking problem, which was a major contributing factor to the incident.
- Voluntarily sought treatment from a psychiatrist and submitted a medical certificate showing psychological difficulties (depression, anxiety, etc.) caused by the incident and his willingness to improve.
- He expressed a strong commitment not to reoffend, stating that he plans to complete compliance education and sexual offense prevention education in the future.
4. systematic presentation of mitigating circumstances in the client's favor:
- Emphasized that the client is a first-time offender with no prior criminal convictions.
- Emphasized that the client is a first-time offender and is doing his best to make restitution even though he is in a difficult financial situation (provide proof of debt, details of his father's medical expenses, etc.
- Letters of support from family members (parents, siblings) and work colleagues (boss) showed the client's usual sincerity and deep social ties, and convincingly argued that the risk of recidivism was significantly lower due to the support and help around him.
- We vigorously argued for leniency as a matter of law, arguing that the client was under the influence of alcohol at the time of the incident.
■ Result
The court largely accepted Ong Kang's defense and sentenced him to a fine of KRW 10 million and ordered him to complete 40 hours of a sexual assault treatment program, taking into account his sincere remorse, his efforts to settle with all victims and repair the damage, his first-time offense, and his low risk of reoffending. (The assault charge was dismissed.)
In particular, Mr. Ongang's vigorous advocacy resulted in the dismissal of both the public notification order and the employment restriction order, giving the client the opportunity to reenter society and move on with his life without the collateral consequences of a sex offense conviction.
Case outcome materials
