An overview of the case (facts):
The client filed a false complaint during a conflict with the other party, but the investigation by the investigative agency did not support the other party's allegations and a decision was made to dismiss the case.
The client was subsequently charged with a false accusation and sentenced to one year in prison at the first trial. The client came to Ongang at the appeals stage to correct his feelings of injustice and misjudgment and to have his sentence reduced.
Case issues (case features):
The main issue was that he denied the crime in the first trial, but admitted the crime in the appeal, showed sincere remorse, and settled amicably with the victim.
On-river assistance:
Ong Kang's defense team systematically developed an appeal strategy that emphasized the client's sincere remorse and efforts to repair the damage.
1. Submission of a heartfelt reflection:
Our client submitted a handwritten reflection to the Appeals Chamber that demonstrated his deep realization and remorse for his wrongdoing.
Good faith settlement with the victim: We quickly and sincerely settled with the victim, paying a settlement of KRW 40 million, and helped the victim clearly communicate that she did not want to be punished.
2. emphasize social ties and first-time offender status
Thoroughly prepare documentation that demonstrates your client is a first-time offender with no prior criminal convictions of the same or different kinds, and that he or she has served the community and healthcare field as a nurse.
3. Judicial review and mitigation arguments
Vigorously argued for mitigating circumstances of confession and remorse under Articles 157 and 153 of the Criminal Code, convincingly conveying the client's sincerity to the trial court.
4. Submit a family petition
A petition written by the client's family emphasizing that the client plays an important role in the family and is unlikely to reoffend.
Through this strategic approach, Ong Kang effectively conveyed his client's sincerity and reflective attitude to the tribunal.
■ Result:
The Appeals Chamber overturned the first instance judgment and sentenced the client to 10 months in prison, suspended for two years. The client was released from custody and given the opportunity to reintegrate into society.
Case outcome materials
