Deals & Cases

Coercion
CoercionNon-prosecution

Gyodae Law Office Consultation Case | The Gyodae Attorney Who Obtained a No Prosecution Disposition for Coercion After a Legal Consultation

The client who came to the Gyodae law office was reported by a junior service member for coercion. The client therefore requested a legal consultation with an attorney of the Gyodae law firm in order to defend against punishment.

1. The Client Who Came to Gyodae Law Office

The client who visited the Gyodae law office and requested a consultation was involved in a case of coercion.

This was because the client had been reported by a junior soldier with whom the client had served in the military.

Believing that the victim's claims were exaggerated, the client requested a legal consultation with Daeryun LLC, Gyodae, in order to clear the client's name and defend against punishment.

교대법률사무소-강요죄

How the Client Came to Request a Consultation With the Gyodae Attorney

Through the consultation conducted at the Gyodae law office, we were able to examine the circumstances of the client's case in detail.

During the client's military service, the client served as a squad leader and was reported by a junior soldier who had been a member of the squad.

According to the victim's claims, the client had habitually given inappropriate orders and instructions to the victim and had trampled on the victim's character and honor.

However, these claims by the victim were merely exaggerated, and because the instructions were legitimate rather than coercion, the client felt deeply wronged.

Accordingly, in order to clear the client's name and to defend against punishment as much as possible, the client requested a legal consultation with Gyodae LLC.

Coercion as Explained by the Gyodae Attorney

Coercion is a crime that is established when a person obstructs the exercise of another's rights through assault or intimidation, or forces another to perform an act that the person is under no obligation to perform.

Because the military has a command structure and strict discipline based on the chain of command, there are many cases in which individuals are unjustly identified as perpetrators of coercion and similar offenses, such as 🔗cruel treatment in the military.

If coercion is recognized, the offender is subject, under the Criminal Act, to imprisonment for up to five years or a fine of up to 30 million won.

Methods of Responding to Coercion Examined Through a Consultation With the Gyodae Attorney

If you have been identified as a perpetrator of 🔗coercion within the military, you must assert that the conduct was a legitimate act of management and that there was no intent to coerce.

At this stage, a mere assertion is difficult to sustain, and it is advisable to collect and submit evidentiary materials that can prove the facts.

Therefore, if you are involved in a coercion case and face the risk of punishment, rather than responding complacently, it is prudent to resolve the matter with the assistance of an attorney at the Gyodae law office from the early stages of the case.

2. The Assistance Provided by Gyodae Law Office

After carefully reviewing the circumstances of the client's case once more, the Gyodae law office made the following arguments so that the client could defend against punishment and develop the case in a favorable direction.

The Gyodae Attorney Argues That the Conduct Was Carried Out for Management and Supervision as a Squad Leader

As a squad leader, the Gyodae law office's client bore the responsibility of managing and supervising the welfare of the squad members under the client's charge.

The act of coercion claimed by the victim was likewise an order given in order to guide a squad member in the right direction.

Therefore, the attorney at Gyodae LLC argued that the client's conduct was not coercion but legitimate management and supervision.

The Gyodae Attorney Argues That the Client Was a First-Time Offender With No Prior Record and That the Degree of Harm Was Not Serious

The client has no prior criminal record, and in fact the victim did not suffer significant harm as a result of this conduct.

Accordingly, the attorney at Gyodae LLC requested a decision of no prosecution with respect to the client.

3. As a Result of the Assistance of Gyodae Law Office, a No Prosecution Disposition

As a result of the diligent assistance provided by the attorneys at the Gyodae law office on behalf of the client, the prosecution rendered a decision of no prosecution in the client's case.

Having been able to defend against punishment, the client was satisfied with this outcome and expressed gratitude to Gyodae LLC on several occasions.

If You Need a Consultation With the Gyodae Attorney

The above case was an instance in which a client who had been reported for coercion by a junior soldier in the military turned to Daeryun LLC, Gyodae, in order to defend against punishment.

Coercion is a serious crime that can carry a sentence of up to five years of imprisonment.

Therefore, if you find yourself involved in a coercion case, you should promptly visit a nearby law office and explore methods of response.

At Daeryun LLC, criminal law attorneys with actual investigation and trial experience personally provide assistance to clients involved in criminal cases, from consultation to the collection of evidence and trial advocacy.

If, as in the above case, you are involved in a coercion matter and face the risk of punishment, you are welcome at any time to 🔗entrust your case to Daeryun LLC, Gyodae.

교대법률사무소

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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