The client was being charged with larceny of a wallet containing cash worth 1.9 million won in total. The client complained of injustice at the time of the consultation and requested the lawyer to defend the case.
2. Applicable Law
Article 329 (Larceny)
A person who steals another's property shall be punished by imprisonment for not more than six years or by a fine not exceeding ten million won.
3. Assistance of Counsel
After a careful analysis of the circumstances that led to the case from the client and the circumstances at the time of the case, Law-Win lawyers found that there were inconsistencies in the client's argument. Lawyers advised the client to admit his crime and try to settle with the victim to get less sentencing as much as possible. In the process, the client accepted the opinion of the lawyers and confessed to the police, made a settlement with the victim, reflected on the crime, and made an effort to prevent second offense.
As a result, the prosecutor decided to suspend the prosecution of the client, taking into account the circumstances such as the fact that the client acknowledged and reflected on his crime, that the client was a first-time offender, and that the client returned the damaged goods and reached a settlement with the victim.
5. Significance of the Outcome
If the client had unreasonably denied his crime during the investigation stage as he argued that there were contradictions, it would have been difficult for the client to avoid prosecution due to his non-reflection attitude despite the relatively light theft.
As a result of accurately conveying this point and persuading the client, he accepted the help of the lawyers, quickly admitted the crime, reached a settlement with the victim within a short time, and quickly submitted the evidence to the investigation agency to consider the sentencing, and prosecuted the case with a deferred prosecution.
Lawyer is not for being there on the side of the client, but as an assistant who enables the client to go in the right direction. In addition, it shows that the assistance of an attorney with extensive experience in resolving various cases can help to achieve the best possible outcome in the end.
Attorney Park, Eun-gook, Lee, Seung-hwan