Case overview
The client was accused of assault when he pointed out the poor dress of a junior cadet at a certain military installation.
The victim claimed that the client made physical contact with her by pulling on her t-shirt, which led to the client being investigated for assault.
However, the client appealed, arguing that the contact was part of a legitimate local correction in accordance with military discipline.
They came to us for legal assistance.
Case issues
The key issues in the case were whether the victim's statement was sufficient to establish a charge of assault, and whether conduct in accordance with military discipline could be recognized as justifiable and not against social norms.
Assistance from Ongang
1. Clarifying the facts and impeaching the credibility of statements
Our defense team thoroughly analyzed all the facts related to the situation at the time of the incident. We impeached the credibility of the victim's statement by pointing out that the victim's statement was not specific and was inconsistent with the statements of witnesses.
Specifically, the victim objectively demonstrated a disparity between the severity of the assault she claimed and what actually happened.
2. Applying military discipline and just cause doctrine
Emphasized that the client's conduct was a legitimate corrective act in accordance with the discipline and honor code of the Military Academy; detailed the scope and process of local corrections permitted under military discipline; and clarified that the client's conduct was for educational purposes, not assault.
3. Utilizing witness statements and evidence
We obtained statements from eyewitnesses who were present at the time of the incident, demonstrating that our client's actions were not intended to inflict physical or mental pain on the victim. We also emphasized that, contrary to the victim's allegations, our client's actions occurred within a short period of time and that no tangible force was exerted to constitute an assault.
4. the suspect is remorseful and has arranged a settlement with the victim
The client sincerely apologized to the victim after the incident and actively sought to make amends. Negotiated an amicable settlement with the victim and communicated to the prosecution that the victim did not want the client to be punished.
5. Strengthening the legal argument
Citing relevant case law from the Supreme Court, we emphasized that the crime of assault requires the exercise of tangible force to cause physical or mental pain. We made a persuasive legal argument that our client's actions were justified and not against social norms.
■ Result
The prosecutor believes that your client's actions lacked sufficient evidence to constitute assault, and that they were justifiable and not against social norms, so the prosecutor decides to file a non-prosecution against social norms.
Case outcome materials
