CONTENTS
- 1. The Client Who Needed a Statement of Grounds for Appeal Prepared
- - Details of the Client's Case
- - What Indecent Act by Compulsion Is
- 2. What Is a Statement of Grounds for Appeal?
- 3. Contents of the Statement of Grounds for Appeal
- - Grounds for Appeal
- - Sentencing Factors Favorable to the Client
- 4. Result of Submitting the Statement of Grounds for Appeal
1. The Client Who Needed a Statement of Grounds for Appeal Prepared
The client who needed an appellate brief had previously received a minor fine on a charge of forcible indecent act with the assistance of this firm.
However, the client felt extreme anxiety about having a criminal record remain, and wished to prepare an appellate brief and file an appeal.
The appeal specialist attorney therefore decided to reexamine the client’s case and assist with filing the appeal.
Details of the Client's Case
The contents of the client's case involving a charge of indecent act by compulsion may be summarized briefly as follows.
On the day of the incident, the client had dinner and drinks with friends, and the client, who had become intoxicated beyond their usual capacity, reportedly encountered a former partner on the way home.
Overjoyed, the client made physical contact with the former partner, but it turned out that the woman was not the client's former partner.
Ultimately, the woman requested help from people nearby, and the client was arrested in the act, was tried on a charge of indecent act by compulsion, and, with this firm's assistance, was sentenced to a minor fine.
🔗View the contents of the Suwon indecent act by compulsion attorney case in detail
What Indecent Act by Compulsion Is
The client said that he had been sentenced to a fine in the original judgment on a charge of forcible indecent act, and a forcible indecent act refers to a crime of committing an indecent act against a person by unlawful means such as assault or intimidation.
At this point, even if there was no exercise of physical force, if it made resistance significantly difficult, the 🔗crime of forcible indecent act is established.
For a forcible indecent act, under the Criminal Act, the penalty is imprisonment for not more than 10 years or a fine of not more than 15 million won.
2. What Is a Statement of Grounds for Appeal?
A statement of grounds for appeal is, literally, a document in which the appellant specifically sets out the reasons for the appeal.
When preparing a statement of grounds for appeal, clear grounds must be given so as to be able to overturn the judgment of the lower court.
Under the Criminal Procedure Act, in a criminal case, an appeal against the judgment of the lower court may be filed if the following grounds exist.
1. Where there is a violation of the Constitution, an Act, an order, or a rule that affected the judgment
2. Where, after the judgment, the punishment has been abolished or changed, or there has been an amnesty
3. Where the recognition of jurisdiction or of a lack of jurisdiction violated the law
4. Where the composition of the court that rendered the judgment violated the law
7. Where a judge who is barred by law from participating in the trial participated in the adjudication of the case
8. Where a judge who did not participate in the hearing of the case participated in the judgment of the case
9. Where there was a violation of the provisions concerning the openness of the trial
11. Where reasons are not attached to the judgment or there is a contradiction in the reasons
13. Where there are grounds for a request for retrial
14. Where there is a misapprehension of fact that affects the judgment
15. Where there are grounds to recognize that the sentencing is unjust
The specialist attorney decided to prepare the statement of grounds for appeal by invoking Article 361-5, item 15, of the Criminal Procedure Act in this case.
3. Contents of the Statement of Grounds for Appeal
The attorney prepared and submitted the following contents in the statement of grounds for appeal on behalf of the client.
Grounds for Appeal
The specialist attorney stated that, although the client had been sentenced to a fine at first instance for the offense of indecent act by compulsion, he was filing an appeal on the ground of an improper sentence.
Counsel argued that the sentence at first instance was excessively heavy in light of the gravity of the client's offense.
Sentencing Factors Favorable to the Client
The specialist attorney argued that there were favorable sentencing grounds for the client, citing the following.
The client merely committed an impulsive offense and it was not a planned crime
The client's acquaintances are pleading for leniency
The client is a first-time offender with no risk of recidivism
The client has completed a settlement with the victim, and the victim does not desire punishment
In particular, the attorney emphasized that the circumstances of having paid a substantial settlement amount to the victim and having obtained the victim's intention of no desire for punishment had not been adequately reflected in the sentencing, and requested a reduction of sentence.
4. Result of Submitting the Statement of Grounds for Appeal
After the statement of grounds for appeal was submitted, following examination by the appellate court, the following judgment was rendered for the client.
The pronouncement of the sentence against the defendant is suspended.
Suspension of sentencing means that, although guilt is recognized, the pronouncement of the sentence is suspended, and if no offense is committed for 2 years, the sentence itself is waived.
With the assistance of the specialized attorney, the client submitted a statement of grounds for appeal, reversed the judgment of the lower court, and obtained a judgment of suspension of sentencing.
The firm's sex crime specialist attorney and criminal specialist attorney re-examined the client's case, drew out the grounds for sentencing, and prepared the statement of grounds for appeal, which made it possible to bring about this result.
If, like the client in this case, you wish to raise an objection after receiving a judgment, please proceed with the firm's 🔗legal consultation reservation and entrust us with the representation for preparing and submitting a statement of grounds for appeal.
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