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Theft

Military Criminal Defense Case | Suspension of Sentencing Obtained for Client Charged With Theft

The military criminal defense attorney represented a client of military status who was involved in a criminal theft case and obtained a suspension of sentencing.

CONTENTS
  • 1. Facts Charged Against the Military Criminal Defense Attorney's Client
    • - The Client's Position on the Facts Charged
  • 2. The Client Who Requested Assistance From the Military Criminal Defense Attorney
  • 3. Defense of the Client by the Military Criminal Defense Attorney
    • - Emphasis on the Client's Remorseful Attitude
    • - Emphasis on the Settlement With the Victim
    • - Emphasis on the Appeals From Those Around the Client
  • 4. Suspension of Sentencing for the Military Criminal Defense Attorney's Client

1. Facts Charged Against the Military Criminal Defense Attorney's Client

The client who sought out the military criminal defense attorney had been involved in a criminal case on the ground that he picked up the victim's wallet after seeing it fall to the floor at a bar.

The Client's Position on the Facts Charged

The client admitted all of the facts charged in the case, expressed deep remorse, and acknowledged that there was no room for any excuse.

2. The Client Who Requested Assistance From the Military Criminal Defense Attorney

The client admitted all of the facts charged and was remorseful, and he stated that at the time of the offense he was intoxicated and his rational judgment was somewhat impaired, that he failed to think clearly, and that after committing this offense he was blaming and reflecting on himself.

However, he stated that if he received a sentence of a fine or heavier his future in the military could no longer be envisioned, so he urgently needed the assistance of the military criminal defense attorney in order to obtain a suspension of sentencing.

3. Defense of the Client by the Military Criminal Defense Attorney

At the client's request, the military criminal defense attorney presented the following defense.

Emphasis on the Client's Remorseful Attitude

The client acknowledges his wrongdoing and is sincerely remorseful. At the time, the client was quite intoxicated and found it somewhat difficult to make a clear-headed judgment, so he committed the offense impulsively.

According to the client, while intoxicated he went to the restroom and returned to his seat to find an unknown person's bag fallen on the floor with its contents on the ground, and he had only the thought that he should put the contents back in.

The client did not properly remember the situation at the time, and because he held a distorted, self-serving memory, he did not realize that he had committed this offense.

Later, during the prosecution's investigation, the client reviewed the CCTV footage and, after seeing himself put the victim's belongings back in, then hold the wallet for a moment in a daze and finally place it in his own pocket, he came to doubt his own conduct.

However, out of cowardice the client could not confess and concluded the investigation, and having missed the chance to receive leniency, while seeking advice on how to address his wrongdoing he learned that the prosecution in this case had been brought.

The client did not acknowledge his wrongdoing and settle as a result of the indictment in this case; rather, he has been sincerely remorseful and repentant from the point at which he recognized his own offense after undergoing the prosecution's investigation.

The military criminal defense attorney requested that the court take into account that, although the prosecution arose from belated regret and reflection, the client's remorse was sincere.

Emphasis on the Settlement With the Victim

After being investigated by the military prosecution, the client had already contacted the victim to seek forgiveness and leniency.

The victim also felt the client's apology and remorse and prepared a settlement agreement and a statement of no desire for punishment.

The client sought out the military criminal defense attorney not to deny this offense but to find out what methods were available to receive leniency, whether he could turn himself in, and what he should do.

Emphasis on the Appeals From Those Around the Client

The client is a first-time offender. He has lived more diligently than anyone, and he enlisted in the military and is serving faithfully.

The client's parents have been blaming themselves, saying it was their fault for not having cared for the client properly, and his parents as well as his friends even prepared letters of appeal.

Because the client was a faithful soldier who had received commendations on numerous occasions in the military, his commanding officers, superiors, and fellow soldiers also prepared letters of appeal.

4. Suspension of Sentencing for the Military Criminal Defense Attorney's Client

In this way, the military criminal defense attorney presented a defense so that the client could take this offense as a lesson, serve more diligently in the military, and do his best in his duties, thereby obtaining a “suspension of sentencing” for the client.

Suspension of sentencing is a system under which the pronouncement of sentence is suspended for a certain period for an offender whose offense is minor, and if the offender passes that period without incident, the pronouncement of sentence is forgone.

Because the client satisfied all of these, the attorney did everything possible to obtain a suspension of sentencing.

Although the client holds a position in which he, more than anyone, must value his honor and act accordingly, he committed such an offense, which warrants strict punishment.

However, taking into account factors such as ▲the fact that the client's belated remorse came about not through external pressure but entirely of his own accord, ▲the fact that he is sincerely remorseful, ▲the fact that he reached a settlement with the victim, and ▲the fact that the offense was committed impulsively, the attorney provided assistance so that the client could be given a single chance.

Anyone can make a mistake. What matters is to be sincerely remorseful and to ensure that the same mistake is never repeated.

In military courts, obtaining a suspension of sentencing is very difficult and demanding.

With a military criminal law attorney from Daeryun's Military Criminal Group, however, a result like the one in this case can be achieved.

If there is a military defendant in a situation like that of the client in this case, please reach out to a military criminal defense attorney at Daeryun Law Firm.

[군형사변호사] 군형사변호사, 절도 혐의 의뢰인 선고유예 이끌어

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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