Successful Sentence Reduction: 2-Year Prison Term Reduced to Probation in an Assault Appeal
26-08-24 63
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1. Case Overview
During a physical altercation that began as a minor verbal dispute, the client committed assault against the victim, an acquaintance. Having overpowered the victim, the client severely struck the victim's face dozens of times, causing severe injuries and resulting in significant physical and mental harm to the victim. Consequently, the client was sentenced to a heavy penalty of 2 years in prison in the first instance.
The extent of the damage was highly severe, and with a heavy sentence (2 years in prison) already rendered in the first trial, it was an exceptionally difficult situation to overturn the ruling and secure a reduced sentence in the appellate court.
The attorney in charge at Law Firm Theo actively facilitated an amicable settlement with the victim (payment of 40 million KRW) during the appeal. Furthermore, the attorney actively presented favorable sentencing materials to the court, demonstrating that the client fully admitted to the crime, showed deep remorse, and was a first-time offender, alongside submitting a statement of non-punishment from the victim.
4. Result of Assistance
Accepting these efforts, the appellate court reversed the original judgment (2 years in prison) and sentenced the client to a reduced penalty of 4 months in prison with 2 years of probation. The application for a compensation order was dismissed.
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