Deals & Cases
[Criminal Attorney Appellate Acquittal Case] Acquittal Won by Proving the Absence of Direct Evidence of the Defendant's Theft
The client who came to the criminal attorney had been sentenced to a fine at the first instance on a charge of stealing another person's property at a restaurant.
1. The Client Who Requested the Criminal Attorney's Help With a Theft Charge
This is the case of a client who requested the criminal attorney's help with a theft charge. The client had already been sentenced to a fine at the first instance on a theft charge.
Looking at the case, the client was a delivery driver who had gone to the restaurant to deliver goods. At the time, the restaurant owner was away, and the client, who was the person present there, came under the victim's suspicion.
However, there was neither a witness nor evidence that the client had stolen the victim's property.
It was more likely that this was a misunderstanding caused by the victim's mistaken belief or that someone other than the client had stolen the victim's property.
Nonetheless, the first-instance court sentenced the client to a fine.
The Criminal Attorney Reconstructs the First-Instance Judgment
The criminal attorney decided to reconstruct the first-instance judgment. The first-instance court found the client guilty based on the fact that the client was the person present at the restaurant at the time, along with the testimony of the victim and people around the victim.
The criminal attorney confirmed that, in the absence of proper evidence, the client had been unfairly cast as an offender, and the attorney promised to prepare for the second instance to the best of the attorney's ability.
The Client Who Pleaded Injustice to the Criminal Attorney
The client who pleaded injustice to the Daeryun criminal attorney was working in delivery at the time this case occurred.
The client had not even known that the victim's property was at the restaurant, but because the client was the only one present at the scene at the time the property disappeared, the client was cast as an offender.
Having been found to have committed the offense and sentenced to a fine at the first-instance trial, the client wished to contest the case for an acquittal through an appeal.
Because acquittals are rare, the client requested the help of the Daeryun criminal attorney, who has handled many criminal cases.
2. The Criminal Attorney: "The Lower Court's Judgment Misapprehended the Facts and Misunderstood the Law"
Through close consultation with the client, the Daeryun Law Firm criminal attorney formed a specialist attorney team composed of multiple specialists with extensive case experience.
The Daeryun criminal attorney team emphasized that there was no objective evidence to prove that the defendant had stolen the victim's property, and the team firmly argued that the defendant should be acquitted.
■ The victim in this case claimed that the defendant had stolen the victim's mobile phone and money at the restaurant, but no objective evidence existed
■ The movement location of the stolen mobile phone and the defendant's movements were found to be inconsistent
■ The materials submitted as evidentiary records also had many missing items
■ In particular, there was no clear evidence for the facts charged in this case
■ There were problems with the court's determination of guilt despite the absence of clear evidence
Examining the Sentence for Theft With the Criminal Attorney
Let us examine the sentence for theft with the criminal attorney.
Criminal Act Article 329 (Larceny / Theft) A person who steals another's property shall be punished by imprisonment for not more than 6 years or a fine of not more than 10 million won.
Criminal Act Article 332 (Habitual Offenders) A person who habitually commits an offense under Articles 329 through 331-2 shall have the sentence prescribed for that offense increased by up to one-half. |
As shown, a charge of theft may result in imprisonment of up to 6 years, so receiving the help of a criminal attorney from the early stage of a case can be useful.
3. The Appellate Court, Accepting the Criminal Attorney's Argument, Renders an Acquittal
Accepting the argument of the Daeryun Law Firm criminal attorney, the court reversed the lower court's judgment and acquitted the defendant.
The client in the above case was unfairly cast as a thief. The client pleaded injustice at trial but was found guilty at the first instance.
Because the client came to Daeryun to contest the case for an acquittal, the attorney identified and analyzed the problems and conducted the pleading, and in the end the first instance was reversed and an acquittal was obtained.
An acquittal is rendered when a case does not legally constitute a crime or when there is no evidence of the criminal facts.
Acquittals are very few in number, and because the first-instance court's determination must be reversed, the assistance of a legal specialist such as a criminal attorney can be important.
Daeryun Law Firm organizes performance teams composed of multiple legal specialists to maximize expertise, and with Daeryun's own litigation system built on the basis of its resolved cases, it has guided the cases entrusted to it toward favorable outcomes.
![절도 항소심 무죄 [형사변호사 항소심 무죄 승소사례] 피고인 절취 직접적 증거 없음을 입증하여 무죄 승소](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240503075328890.webp&w=828&q=100)
This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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