Case Type: Criminal

Result: No Prosecution

Case Details:

Suhn Law Group recently successfully defended a case of defamation and insult involving a military senior and a junior, resulting in a no prosecution decision. In this case, the senior officer posted content on a military computer referring to the junior and the junior’s family, which was visible to other seniors, leading the junior to file a defamation and insult complaint.

The initial investigation by the Army Prosecutor’s Office ordinary division resulted in a non-prosecution decision, but the junior filed a reconsideration request under the Military Court Act (similar to an appeal under the Criminal Procedure Act), prompting the Army High Prosecutor’s Office to issue an indictment order. Had the case proceeded to trial, even if not convicted, the client could have received at least a suspended sentence, leaving a criminal record, which could have been severely detrimental for the young client. Consequently, the client’s parents urgently contacted Suhn Law Group.

Suhn Law Group Criminal Team (Lead Attorney: Bak Sung uk) explained to the client and the client’s parents that while legally the ordinary prosecutor’s assessment suggested a high possibility of innocence, considering potential adverse consequences if a not-guilty verdict was not achieved, it was preferable to pursue a no prosecution outcome through settlement. They then requested an exceptional extension from the ordinary prosecutor of the Army Prosecutor’s Office to allow additional time for settlement, despite the indictment order being in place.

Reaching a settlement with the victim was challenging. The victim, having strong negative feelings toward the senior client, repeatedly refused and revoked their agreement, demanding excessive compensation. Over a period of more than three months, Attorney Bak Sung uk maintained nearly daily contact with the victim, explaining the realistic likelihood of an acquittal in court and providing practical guidance. Through this persistent effort, the victim ultimately agreed to a settlement just before the expiration of the extended period, and the Army Prosecutor’s Office issued a no prosecution decision.

Suhn Law Group continues to prioritize solutions that are ultimately beneficial to clients, facilitating settlements and direct communication with investigative authorities and victims to achieve the best possible outcome.

Case Inquiries: Attorney Bak Sung uk