[Suspension of Indictment] Successful Case: Client Accused of Indecent Assault Granted Leniency Through Suspension of Indictment
01. Background
The client was accused of indecent assault after allegedly making physical contact with a person whom the client had met through a KakaoTalk open chat room.
The complainant alleged that the client had forcibly touched their body. However, the incident occurred impulsively while the client was under the influence of alcohol, and there were disputes regarding the intentional nature of the conduct and the seriousness of the alleged offense.
02. Key Issues
01 Whether the Physical Contact Was Intentional
02 Seriousness of the Case
03. Legal Strategy
Rather than focusing solely on whether a settlement had been reached, MegaX Law Office systematically prepared various mitigating factors that the prosecution could take into consideration.
First, to demonstrate the client’s sincere remorse, a handwritten letter of reflection was prepared and submitted. MegaX also emphasized that the incident had occurred impulsively while the client was under the influence of alcohol, thereby arguing that the conduct was not premeditated. In addition, an amicable settlement was reached with the victim, formally confirming that the victim did not wish to pursue punishment against the client.
Finally, MegaX submitted a comprehensive legal opinion to the prosecution outlining all of these mitigating circumstances, actively advocating for the investigative authorities to consider the overall context of the case rather than focusing solely on the alleged criminal conduct.
04. Outcome
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