CONTENTS
- 1. Circumstances of the Client
- - Statutes Relevant to the Case as Explained by a Daejeon Criminal Attorney
- 2. Assistance Provided by a Daejeon Criminal Attorney
- - Assistance by a Daejeon Criminal Attorney | Deep Remorse and Settlement
- - Assistance by a Daejeon Criminal Attorney | The Leniency a Young Adult Entering Society Needs
- 3. Result of the Daejeon Criminal Attorney's Assistance: “Fine”
1. Circumstances of the Client
The client was an ordinary university student.
On the day of the incident, while doing schoolwork with friends at a café, their voices grew somewhat loud, and the café owner asked the client's group to be quiet.
Feeling that the manner of the warning was very rude and unfair, the client confronted the café owner, and it escalated into a heated argument.
In the course of this, the client kicked the café window and spilled a drink.
Because of this, other customers were affected and the window glass cracked, so the café owner filed a criminal complaint against the client. The charges were found established at the first instance, and the client received a suspended sentence of imprisonment.
Considering the sentence excessive, the client came to a Daejeon criminal attorney to seek a reduction of sentence.
Statutes Relevant to the Case as Explained by a Daejeon Criminal Attorney
If a person damages another's property, document, electronic record, or the like so that it can no longer be used for its original purpose, this is classified as the crime of 🔗destruction of property.
In addition, if a person interferes with another's business through deception, force, or the spreading of false information, this is classified as the crime of 🔗interference with business.
As in the client's case, if a person engages in conduct that interferes with business at another's place of business and causes damage to the facilities, both destruction of property and interference with business may be established, leading to indictment.
Because the offense may be established even where the damage to property and the interference with business are minor, rather than asserting outright innocence, it should first be examined through legal analysis to establish the facts and circumstances.
For that, the help of a legal professional with substantial data on destruction of property and interference with business is most important.
The relevant statutes are as follows.
Article 366 (Destruction of Property, etc.)
A person who destroys or conceals another's property, document, or special media record such as an electronic record, or otherwise impairs its utility, is punished by imprisonment for not more than three years or a fine not exceeding 7 million won.
A person who interferes with another's business by the methods stated in Article 313 or by force is punished by imprisonment for not more than five years or a fine not exceeding 15 million won.
2. Assistance Provided by a Daejeon Criminal Attorney
After closely reviewing the circumstances of the case, the Daejeon criminal attorney identified and argued factors in the sentencing guidelines applied at the first instance that could warrant mitigation.
Assistance by a Daejeon Criminal Attorney | Deep Remorse and Settlement
After the first-instance judgment, the client showed deep remorse for having acted recklessly and caused harm at someone's place of business, and reached a settlement with the victim through efforts such as paying money toward recovery of the harm.
The Daejeon criminal attorney emphasized that the client had genuinely shown remorse and had reached the settlement in order to convey that sentiment.
Assistance by a Daejeon Criminal Attorney | The Leniency a Young Adult Entering Society Needs
The client was a young adult who had just entered university and was new to society.
If subjected to a heavy sentence like the one at the first instance, the employment and further studies the client had been planning and preparing for would all become uncertain.
The Daejeon criminal attorney emphasized that, although the client had committed an offense, the client was young, was showing deep remorse, and needed the warm leniency and concern of society.
3. Result of the Daejeon Criminal Attorney's Assistance: “Fine”
Accepting the Daejeon criminal attorney's arguments, the court issued a judgment stating, “The portion of the original judgment concerning the defendant's case is reversed. The defendant is sentenced to a fine.”
Many people assume that a fine is heavier, since a suspended sentence of imprisonment carries no immediate physical disadvantage while a fine requires paying money.
However, if a person who has received a suspended sentence commits another offense during the suspension period, even the suspended sentence is revoked and aggravated punishment follows, and the suspension is also far more unfavorable to sentencing for offenses afterward.
In addition, a suspended sentence may serve as grounds for dismissal from employment or result in disadvantages such as employment restrictions or suspension of qualifications, so it is clearly a heavier sentence than a fine, and care is recommended.
If You Have Committed Interference With Business and Destruction of Property
This was the story of a client who, unable to control a moment of anger, was indicted for destruction of property and interference with business and received a suspended sentence of imprisonment at the first instance, but obtained a reduction of sentence on appeal.
Even if, like this client, the charges are found established and a heavy sentence is imposed at the first instance, an appeal allows the matter to be judged again.
For this, however, careful legal analysis of the circumstances of the case, subsequent efforts toward recovery of the harm, and whether a settlement is reached with the victim all work together.
For that reason, rather than asserting innocence unconditionally on appeal, it is important to prepare an optimal strategy through a consultation with a legal professional who has a wealth of cases.
If you need a legal consultation, please receive one at any time through a 🔗legal consultation reservation.
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.
