Case overview
While in the military, our client was accused of teaching a subordinate to incriminate a person and, in the process, creating and executing a false official act and defaming the victim.
The first trial resulted in a sentence of one year in prison, but the client admitted his wrongdoing, showed remorse, and worked to repair the damage through an amicable settlement with the victim.
He came to Ongang to explore the possibility of a reduced sentence on appeal.
Case issues
The key issue was whether the client could confess to being an innocent teacher on appeal and claim mitigating circumstances under Articles 157 and 153 of the Criminal Code.
Assistance from the warm river
1. Legal approach and emphasizing the effectiveness of the confession
Defense counsel vigorously argued that "pre-trial confession" under Articles 157 and 153 of the Criminal Code constitutes a necessary mitigating circumstance. Citing Supreme Court precedents and similar cases, the defense persuasively explained that the client's appellate confession was eligible for mitigation.
2. Amicable settlement with the victim
Defense counsel helped the client make a settlement payment to the victim with a sincere apology, and made it clear that the victim did not want to be punished. This allowed the client to use restitution and lack of punishment as factors in favor of a plea.
3. Preparation of plea materials
The defense emphasized that the client is a first-time offender, has been remorseful and socially connected since the incident, and is unlikely to reoffend. The defense also argued strongly for a probationary sentence, specifically pointing out that the client is caring for dependents.
4. Appellate strategy
After analyzing the unfavorable judgment in the first trial, we developed a favorable defense in the appeal. In particular, we emphasized positive factors such as the client's remorseful attitude and settlement with the victim to win the court's favor.
Results
On appeal, the first trial sentence of one year in prison was overturned, sentence was reduced to one year in prison and two years of probationto two years' probation.
The client avoided jail time, was able to continue his military service, and was given the opportunity to rejoin his family and society.
Case outcome materials
