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Seoul criminal defense attorney, can a complaint be filed based solely on the victim's testimony?
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If there is a Seoul criminal defense attorney, please do respond! Yesterday, after drinking a little, I had consensual sexual relations with a younger acquaintance.. but she suddenly says she will file a complaint against me.. She says a complaint will go through if she just testifies, and that she will not file a complaint if I pay a settlement, so can a complaint be filed with only the victim's testimony?
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Author: 정찬우
Hello. This is a Seoul criminal defense attorney at Daeryun Law LLC.
Although I am not in a position to review your specific case, I will explain the general situation.
However, for your own situation, you should be sure to receive professional legal advice.
To state the conclusion first, a complaint can be filed based solely on the victim's testimony.
A complaint refers to a victim in a criminal case reporting to the police and requesting that the offender be punished, and the police may treat the victim's testimony as important evidence. However, a guilty verdict is not automatically determined based solely on the victim's testimony.
The police conduct an investigation, the prosecution determines whether to indict, and then a final judgment is made in court based on the evidence and testimony.
What is important in a case like this is to accurately grasp the detailed facts.
For example, it must be examined whether there was decision-making capacity while intoxicated, and whether there is other evidence regarding the harm the acquaintance claims.
It is important to accurately understand the truth of the case and the legal assessment through legal advice.
If you consult a Seoul criminal defense attorney, the attorney can give specific advice on how to respond to the case, and can also provide a strategy on how to defend against punishment.
However, depending on the progress of the case, the court will comprehensively consider the evidence and statements when reaching its judgment.
Because it is essential to prepare a legal response by consulting a Seoul criminal defense attorney, you may wish to seek a consultation.
A Seoul criminal defense attorney will assist in proving, by finding CCTV footage, conversation records, and other evidence, that the sexual relations were consensual.
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