Case Type: Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Molestation in Densely Populated Place) 

Result: Suspension of Prosecution on Condition of Education (Non-indictment) 

Case Details: 

The client was facing imminent arrest and a prison sentence following allegations of physical contact within a crowded public transportation vehicle. Notably, the client had a prior conviction for an identical sexual offense, a detrimental factor categorized as an aggravating circumstance under the Supreme Court sentencing guidelines. In cases involving repeat offenses of the same nature, there is a high risk of an arrest warrant being issued during the investigation, and securing a suspension of prosecution—typically reserved for first-time offenders—is exceptionally difficult. 

Compounding the situation, mutual settlement negotiations stalled as the victim initially demanded 30 million KRW, an amount far exceeding the client's financial capacity. 

To mitigate these unfavorable sentencing factors, this defense counsel established a multi-layered advocacy strategy. First, the firm proactively applied for the prosecution's formal criminal mediation process. Through the mediation committee's intervention, counsel effectively communicated the client's genuine remorse and actual financial constraints. This led to a successful negotiation that adjusted the settlement amount to a manageable 1,500 million KRW under a structured installment plan, successfully securing a formal settlement and the victim's withdrawal of punitive intent. 

Concurrently, objective mitigating evidence was compiled and submitted to the prosecution, detailing the client's ongoing psychological counseling, rehabilitation programs, and strong social ties to substantiate a low risk of recidivism. Acknowledging that substantive restitution had been achieved and that the commitment to preventing reoffense was objectively verified, the prosecution forewent formal indictment and granted a Suspension of Prosecution on Condition of Education. 

This outcome is highly significant as the case was successfully resolved at the investigative stage without proceeding to a formal criminal trial, despite the hurdle of a prior identical conviction. Because this disposition does not generate a permanent criminal record—unlike a fine or imprisonment—the client was able to fully safeguard and maintain their professional and social livelihood.

Case Inquiry: Attorney Min-hoo Kim