Case Type: Criminal

Result: Non-prosecution (Lack of Right to Prosecute)

Case Summary:

Suhn Law Group successfully defended a case involving defamation and insult by a senior military member against a subordinate, resulting in a non-prosecution decision (lack of right to prosecute). The case arose when the client, a senior servicemember, posted content on a military computer referencing the subordinate and the subordinate’s family, making it accessible to other personnel, which led to a criminal complaint.

The initial investigation by the General Prosecutors’ Office of the Army resulted in a non-prosecution decision. However, the subordinate filed a request for adjudication under the Military Court Act, equivalent to an appeal, and the High Prosecutors’ Office of the Army subsequently ordered prosecution. If the case proceeded to trial, a conviction—short of acquittal—could have resulted in at least a suspended sentence, leaving the young client with a criminal record and significant disadvantages. The client’s parents then sought assistance from Suhn Law Group.

Suhn Law Group Criminal Team (Lead Attorney: Sung Uk Bak) assessed that, from a legal standpoint, there was a strong likelihood of acquittal consistent with the initial decision. However, considering the potential risks if acquittal was not achieved, the firm advised pursuing a settlement to obtain a non-prosecution decision based on lack of prosecutorial authority. Despite the order for prosecution, the firm requested and was granted an exceptional extension of time for settlement discussions by the military prosecutor.

Reaching a settlement with the victim proved difficult. The victim, who had strong emotional grievances against the client, repeatedly changed positions, at times refusing settlement, then demanding it, and later withdrawing again, while also requesting excessive compensation. Over a period of more than three months, Attorney Sung Uk Bak maintained consistent communication with the victim, explaining the legal likelihood of acquittal and providing practical guidance on available options. Ultimately, just before the expiration of the granted deadline, a settlement was reached.

As a result, the military prosecution issued a non-prosecution decision on the grounds of lack of right to prosecute.

Suhn Law Groupremains committed to identifying the most beneficial strategy for its clients and achieving optimal outcomes through direct communication with investigative authorities and victims.