At Which Stage
Did We Cut It Off?
Criminal proceedings pass five stages, from Booking to Trial. The further left a case is cut off, the earlier it ends. Here are the cases LEAP handled with our clients, placed on that procedure as they were.
Overturned a Summary Order Fine and Won Acquittal
Immediately after breaking up with a long-term partner, the client was accused of trespassing on the former partner's residence. While dating, the two had freely visited each other's homes and shared their door lock passwords. Even after the breakup, the former partner had not retrieved belongings left at the client's home, and had not returned the client's belongings either. The client visited the former partner's residence to deliver the left-behind belongings and retrieve his own. Sensing no one was inside, the client opened the door using the door lock password shared during the relationship. However, someone who lived with the former partner was actually present inside, and the former partner and the cohabitant subsequently filed a criminal complaint for trespassing, alleging that the client had entered the residence without permission. The client underwent questioning alone from the early stages of the investigation, without the assistance of counsel. The Prosecution determined that the client's conduct constituted trespassing and issued a summary indictment seeking a fine, and the court likewise issued a summary order imposing a fine based solely on a written review, without a separate trial procedure.
Defense Resulting in Non-Referral to Prosecution at the Police Stage
The client purchased a building after hearing from the accuser that it had been illegally remodeled and illegally constructed. Nevertheless, in order to terminate the building purchase contract and recover the deposit, the client came under investigation by investigative authorities on suspicion of deceiving the court.
Loan from Public Guarantee Institution Case, Defended with Suspended Indictment at the Prosecution Stage
The clients were medical professionals each preparing to open their own clinics. Opening a clinic required hundreds of millions of won in initial capital. In the course of preparation, they were introduced through acquaintances and online communities to a loan broker who claimed to be an opening consulting expert. Through the broker, the guarantee review was actually passed without any issue, and loans in the hundreds of millions of won were executed for each client. However, the loans arranged through the broker were illegal, and the clients came under investigation for co-principal liability for violation of the Act on the Aggravated Punishment of Specific Economic Crimes (Fraud), on the allegation that they had conspired with the broker to deceive the guarantee institution and obtain high-value guarantee certificates.
Successful Defense Securing a Suspended Sentence in a Case Where the Client Was Arrested and Indicted
The client and the victim had known each other for a long time. On the night of the incident, the victim came to see the client and they began drinking together. Without any particular reason, the victim began cursing and picking fights, which eventually escalated into a physical altercation. The victim overpowered the client, knocking him down and pinning him one-sidedly.After barely managing to push the victim away and return home, the client noticed a paring knife in the house. Thinking he needed to frighten the victim so that such an incident would never happen again, the client called the victim back out. Another physical struggle ensued, during which the client ended up stabbing the victim in the upper body. The victim was taken to the hospital and underwent surgery. The client was arrested immediately after the incident and, while in custody, was indicted for attempted murder.
Defended with Not Referred to Prosecution for Camera-Based Filming Charge and Suspended Sentence
The client exchanged messages with a person he met on social media and later met in person and had sexual intercourse. The other party was a minor under the age of 16. Shortly after the meeting, the situation was reversed when the victim's side reported the matter to the police. In the initial report and investigation, the victim stated that the client had assaulted her and forced her into sexual intercourse, and had secretly filmed the scene without her consent. The client was booked on two charges: statutory rape of a minor combined with camera-based filming, and faced not only far harsher punishment than his actual conduct warranted, but also concerns about detention and disclosure of personal information.
Suspended Sentence Secured in a Quasi-Rape Case Where Actual Imprisonment Was Highly Likely
The client was operating a training program at his place of business for trainees, including the victim. One evening, after drinking with the trainees, the client was accused of having sexual intercourse with the victim, who had fallen asleep while intoxicated and was in a state of being unable to resist, on multiple occasions or attempting to do so, and of indecently assaulting the victim by force the following day. The investigative authorities deemed the matter serious and indicted the client on charges of quasi-rape, attempted quasi-rape, and indecent assault by force.
Both Suspects Defended Successfully with Not Referred to Prosecution at the Police Stage
The clients visited a bar late at night with a group of friends and ended up sharing a table with the complainant, who had been drinking alone. The complainant had a conversation with one of the clients, and they showed mutual interest in each other. Afterward, the complainant naturally agreed to move to the accommodation where the clients were staying. Sexual intercourse took place between the complainant and the clients at the accommodation, and the complainant did not leave immediately afterward but spent time with the group before parting ways. However, the situation later changed drastically. The complainant filed a criminal complaint against the clients, claiming that she had been heavily intoxicated at the time, had lost her memory, and had been sexually assaulted against her will. Based on the complainant's statement and the results of forensic examination of the evidence, the investigative agency determined that the suspicion was substantial, and conducted compulsory investigative measures, including collecting the clients' reference DNA samples pursuant to a warrant issued by the court. The clients, facing criminal proceedings for the first time, were placed in a desperate situation, having to worry not only about the possibility of a severe prison sentence but also about dispositions such as registration, disclosure, and notification of personal information that could follow a guilty verdict. In particular, since the fact that sexual intercourse occurred was confirmed by objective forensic results, the core of the case lay in establishing, through objective evidence, the complainant's condition at the time, the specific circumstances leading to the intercourse, and whether there had been consent between the parties.
Defense Resulting in Not Referred to Prosecution at the Police Stage
Although the client was an adult, he was investigated by law enforcement on charges of enticement for the purpose of sexual intercourse and statutory rape of a minor, based on a third-party report and a report filed by the school attended by the victim. The allegation was that, in order to have sexual intercourse with the victim, who was 15 years old at the time of the incident, he deceived her by suggesting they drink with an acquaintance, then lured her to a motel and engaged in sexual intercourse.
Defense Resulting in Not Referred to Prosecution at the Investigation Stage
The client, a religious figure, came under investigation for indecent assault by force on suspicion of grabbing the shoulder of a female part-time worker at a café he managed and pulling her toward himself.
Defense Resulting in Arrest Warrant Denied and Not Referred to Prosecution Decision
The client, a foreign national, was arrested on an emergency basis and an arrest warrant was requested on suspicion of being part of a group of stolen goods dealers who purchased phones stolen by thieves and resold them overseas. Given the scale and severity of the case, it received significant social attention, including media coverage.
Successful Defense Resulting in Suspended Indictment for Marijuana Purchase and Use Charges
The client, out of curiosity, searched Google for how to buy marijuana and, through Telegram, was subjected to a Police Investigation on charges of purchasing and using marijuana, specifically charges of receiving, using, and possessing narcotics.
Defended with Not Referred to Prosecution at the Police Stage
The clients had no intention or ability to repay the investment principal and profits, yet they deceived the complainant into providing investment funds, and because the use of those funds was unclear, the complainant filed a complaint against them, and they came under Police Investigation on suspicion of fraud.
Successful Defense Resulting in Suspended Indictment for Violation of the Act on the Control of Narcotics, etc.
The client searched Google out of curiosity for how to buy marijuana and, via Telegram, was accused of purchasing and using marijuana, and came under Police Investigation for receiving, using, and possessing narcotics.
Case outcomes may vary depending on the specific facts and evidence.
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