Case overview
The client was being investigated for military sexual misconduct due to physical contact that occurred during a relationship with a fellow soldier while serving in the military.
The incident occurred in an accidental situation with coworkers, and the client is deeply remorseful for the behavior and has reached an amicable settlement with the victims.
Since the incident, he has completed sexual assault prevention training to prevent recurrence, reflected on his mistakes, and cooperated fully with the investigation.
In this situation, the client came to us for legal assistance.
Case issues
The main issue was to prove that the client's behavior was not a willful or habitual offense and that, as a first-time offender, he posed a low risk of reoffense.
Assistance from the warm river
Our attorneys carefully analyzed the client's situation and the nature of the case, and provided the following assistance
1. reaching an amicable settlement with the victims
- Actively worked to reach an amicable settlement with the victims, emphasizing the client's sincere apology and efforts to repair the harm.
- Make it clear that the victims do not want the client to be punished.
2. Aggressively assert mitigating circumstances
- Claimed that the client is a first-time offender and that the offense was a momentary lapse in judgment as a 20-year-old newcomer to society.
- The client has completed sexual offense prevention education since the incident and has made efforts to prevent recurrence.
3. Emphasize remorse and commitment to prevent reoccurrence
- Emphasize that the client is deeply remorseful, has apologized to the victims since the incident, and has cooperated with the investigation in good faith.
- Emphasize the client's social ties and healthy lifestyle, demonstrating that he is unlikely to reoffend.
4. Develop a legal strategy
Convinced the prosecutor that a deferred prosecution was appropriate by arguing the facts of the case and that the client's actions were not intentional.
Results
The prosecutor considered On Kang's defense, the client's remorse, and the settlement with the victims, and recommended that the client be granted a deferred prosecution of prosecution.
This was a positive outcome that allowed the client to close the case without being penalized.
Case outcome materials
