Daeryun Law Firm draws attention as it receives 'rape case defendant acquitted in first trial, appeal dismissed in second trial'

Until now, sexual crimes are known to be one of the areas where it is difficult to determine whether coercion was committed, as many cases occur secretly between the victim and the perpetrator, and many cases occur between close friends. Due to the nature of sexual crimes, cases often occur in spaces where there are no witnesses or CCTV, so not only the victim's statement evidence but also objective facts and physical evidence become important clues to the case.

Shim Jae-guk, the representative attorney at Daeryun Law Firm, said, "We recently won a case by defending the injustice of a client who was singled out as a defendant in a rape case. The victim in the case claimed that the defendant forcibly committed adultery with her several times using body parts, but as a result of DNA testing, only the victim's DNA was detected on the victim's clothes." He continued, "The victim's statement, including the route he took to the motel and the facts of the damage, lacked consistency in the investigative agency and the court, so we secured objective evidence to refute this. We identified false facts in the victim's claim through CCTV footage, text messages, physical evidence such as the fact that there was no trace left in the area where the victim said he was strongly pressed, and a doctor's note."

Accordingly, the first trial court declared the defendant not guilty, saying, “It is difficult to admit the facts of the indictment in this case and there is no proof of the crime.” In the second trial that followed, a dismissal decision was made, saying, “There is no illegality in the misconception of facts claimed by the prosecutor.”

Representative attorney Shim Jae-guk advised, “If you are unfairly accused of a sexual crime, it is important to seek the help of a professional lawyer from the early stage and make efforts to prevent punishment without fear of the fact becoming known to those around you.”

In addition, he said, "Currently, Daeryun Law Firm (Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, Jeju) is providing legal counseling to protect the rights and interests of the legally vulnerable who are unable to respond appropriately due to ignorance of the law. In case of sexual crime cases, we have established a reliable early response team to prove the innocence of clients suffering from unfair stories, provide relief, and receive positive reviews from clients. “We are receiving it,” he added.



Reporter Lee Sang-yeon of the SME & Startup Team pond2580@



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