CONTENTS
- 1. The Client Who Came to Daeryun Through an Ulsan Attorney Referral
- - The Circumstances of the Case of the Client Who Received an Ulsan Attorney Referral
- 2. Assistance for the Client Who Received an Ulsan Attorney Referral
- 3. The Client Who Received an Ulsan Attorney Referral Obtained a Reduction to a Fine
- - If You Are in Need of an Ulsan Attorney Referral
1. The Client Who Came to Daeryun Through an Ulsan Attorney Referral
The client, who came to a Daeryun attorney through an Ulsan attorney referral, had been sentenced at the first instance to one year of imprisonment on charges of 🔗rape and special aggravated assault.
Believing there were aspects of the case that were unjust, the client felt the term of imprisonment was unwarranted and decided to appeal.
Having received an attorney referral for the appeal, the client came to the Ulsan office of Daeryun Law Firm.
The Circumstances of the Case of the Client Who Received an Ulsan Attorney Referral
For the appeal of the client who received an Ulsan attorney referral, we examined the circumstances of the case in detail.
The client had been accused by his former girlfriend of rape and special aggravated assault, and at the first instance he was sentenced to imprisonment.
At the first instance as well, the client maintained that the intercourse had not been forced and that there had been no threat or assault in the course of it.
Daeryun's Ulsan attorney gathered evidence that had been overlooked at the first instance and undertook the client's defense.
2. Assistance for the Client Who Received an Ulsan Attorney Referral
We undertook to assist the client, who came to Daeryun through an Ulsan attorney referral.
Citing the precedents below as support, Daeryun's Ulsan attorney argued that the sentence was unduly heavy in light of the inconsistencies in the victim's statements.
■ Criminal Act Article 297 (Rape)
A person who, through violence or intimidation, rapes another shall be punished by imprisonment for a definite term of at least three years.
▶ In a criminal trial, the burden of proving the charged criminal facts rests with the prosecutor, and a finding of guilt must be based on evidence with probative force sufficient to give the judge a conviction that the charged facts are true beyond a reasonable doubt. Therefore, in the absence of such evidence, even if there is suspicion of the defendant's guilt, the matter must be decided in the defendant's favor. (See Supreme Court Judgment of April 27, 2006, Docket No. 2006Do735, among others.)
▶ Where the defendant consistently and strongly denies the charged facts and the only direct evidence supporting the charges is, in practical terms, the victim's statement, in order to find the charges guilty based solely on the victim's statement, the truthfulness and accuracy of that statement must carry probative force so high as to leave virtually no room for doubt. (See Supreme Court Judgment of May 10, 2012, Docket No. 2011Do16413.)
▶ In the crime of rape, the violence or intimidation must be of a degree that renders the victim's resistance impossible or markedly difficult, and whether the violence or intimidation was of such a degree must be determined by considering all of the circumstances, including not only the content and degree of the violence and intimidation through which physical force was exercised, but also the circumstances leading to the exercise of that force, the relationship with the victim, and the situation at the time of the offense. (See Supreme Court Judgment of June 9, 2000, Docket No. 2000Do1253, among others.)
The Ulsan Attorney's Argument Regarding the Rape Charge
At the police investigation stage, the victim claimed that, although there had been no assault or intimidation, the intercourse was forced because she had expressed refusal; she later changed her statement, claiming that the client had forced her to drink alcohol, rendered her incapable of resistance, and raped her.
The Ulsan Attorney's Argument Regarding the Special Aggravated Assault
The victim claims that the client assaulted her with a glass.
The client acknowledged having raised the glass as if to strike, but denied having actually assaulted her.
If the client had decided to deny part of his conduct in order to obtain a lighter penalty, he would have had to deny the very ‘raising of the glass’ that constitutes the crime of special aggravated assault.
In addition, the victim did not state that she had been assaulted by the client during her initial questioning.
The attorney emphasized that, if the victim had in fact been assaulted by the client, her failure to mention it during the initial questioning would be difficult to accept as reasonable, and that, judging from the location of the victim's injuries, there was a high likelihood that they were bruises sustained when she hurriedly rushed out and struck a wall or the like.
3. The Client Who Received an Ulsan Attorney Referral Obtained a Reduction to a Fine
The client, who received assistance from Daeryun through an Ulsan attorney referral, obtained a reduction to a fine on appeal.
Stating that “it is difficult to prove that the client rendered the victim's resistance impossible by applying force and thereby engaged in the sexual intercourse at issue, and that, where the only direct evidence is the victim's statement and that statement is itself inconsistent and thus lacks credibility,” the court reversed the lower court's sentence of imprisonment and imposed a fine.
If You Are in Need of an Ulsan Attorney Referral
In the case of sex offenses, knowledge of not only the Criminal Act but also various laws such as those on the punishment of sexual crimes is required, so receiving the assistance of an attorney with relevant expertise is the safest course.
In particular, as with the client in the above case, where there are aspects that are unjust, the key is to identify weaknesses in the victim's statement and establish that the statement is false.
At Daeryun Law Firm, experienced attorneys with extensive legal careers devote their full efforts to the defense of clients.
If you are seeking an Ulsan attorney referral for a situation like the one above, we invite you to visit the 🔗Ulsan office of Daeryun Law Firm.
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.
