Overview of the case (facts)
The client had been in a relationship with her lover, which was both mentally and physically challenging, and the breakup left her feeling extremely lost and betrayed. In the heat of the moment, the client inadvertently committed an irreparable wrong, which led to him being tried for a serious crime and facing the possibility of imprisonment. Our client came to us in a desperate situation where his life of integrity could be destroyed in an instant.
Case Issues (Case Features)
This was a case where the client's offense was highly dangerous, and he was facing a potentially lengthy prison sentence due to the multiple charges, including special threats and breaking and entering of a dwelling, so the key issue was to convince the court of the mitigating circumstances leading up to the offense, and to demonstrate that the client had shown remorse and was not a risk of reoffending, in order to obtain the most lenient penalty possible: a suspended sentence.
Assistance from Ongang
Our attorneys carefully reviewed the case record to develop a defense strategy that was most favorable to our client, and provided the following assistance
1. Prompt and amicable settlement with victims
We prioritized settlement with the victims from the very beginning of the case. We conveyed our client's sincere apology to the victims and reached an amicable settlement with adequate compensation for their losses. As a result, we were able to obtain a settlement agreement and a non-punishment petition from the victims stating that they did not want our client to be punished, which we submitted to the court.
2. highlighting mitigating circumstances
Rather than simply assigning blame, we provided the court with a detailed explanation of what led our client to commit these crimes. We presented specific evidence of the special circumstances of our client's relationship, including the mental anguish she experienced during the course of the relationship and the termination of her pregnancy, and argued strongly that this was not a criminal offense, but rather an accidental event that was caused by the extreme trauma and betrayal she experienced for the first time in her life.
3. Demonstrated sincere remorse and efforts to prevent reoffense
With the assistance of On Kang, the client wrote and submitted several reflections in which he deeply regretted his wrongdoing. He also showed the court through objective medical records, medical reports, and counseling certificates that he had been receiving treatment and counseling from a mental health clinic since the incident and was making efforts to control his emotions and heal his wounds.
4. Systematic submission of various mitigation materials
We emphasized that the client was a first-time offender with no criminal history, that he was a young man with a promising future, earning a master's degree with excellent grades and working as a professional researcher, and that he was not at risk of recidivism based on his strong social ties.
■ Result
The Chuncheon District Court largely accepted the firm's defense, finding that the client was sincerely remorseful, had reached an amicable settlement with the victims, and was not at risk of reoffending. As a result, the court imposed a suspended sentence of six months in prison.
Case outcome materials
