Case Type: Criminal

Result: Suspension of Indictment

Case Summary:

Suhn Law Group represented a client in a case involving allegations of indecent assault against a subordinate female soldier and secured a suspension of indictment.

The incident occurred during a workplace gathering intended for encouragement and celebration among colleagues. Due to excessive alcohol consumption, the client, while intoxicated, was alleged to have committed an act of indecent assault. The client initially had difficulty acknowledging the conduct due to lack of memory and considered denying the allegations out of fear of strict punishment for sexual offenses within the military.

However, in cases involving sexual offenses, failure to acknowledge the conduct at an early stage often leads to a breakdown in the possibility of settlement, making it difficult to obtain a suspension of indictment. Accordingly, Suhn Law Group advised the client on the importance of acknowledging the conduct and pursuing a resolution strategy based on admission and settlement.

Considering that the client had no prior record of similar offenses and had maintained a diligent military service record, the defense persuaded the client to proceed with admission, apology, and efforts toward settlement. Although the negotiation process with the victim’s court-appointed counsel was not straightforward, consistent and sincere efforts to apologize and provide restitution were ultimately conveyed to the victim, resulting in a settlement.

The Military Criminal and Disciplinary Response Team of Suhn Law Group (lead attorney: Sung Uk Bak), drawing on extensive experience in handling similar cases involving one-time, impulsive conduct under the influence of alcohol, effectively guided the client through the process. The client’s early admission and cooperation contributed to a favorable view by both the police and the prosecution. Additionally, comprehensive sentencing materials demonstrating genuine remorse and efforts to prevent reoffending were submitted, leading to a final decision of suspension of indictment.

Inquiry: Attorney Sung Uk Bak