Criminal · School Violence · Damages
Victim Representation — Threatening the Victim Just One Month After Release; a 'Retaliatory Crime'
1. Case Overview
Intending to retaliate against victim F, who had previously given testimony unfavorable to him, the defendant repeatedly threatened her less than a month after his release from prison. While drunk, he hurled abuse and threats at her, saying things like 'I went to prison because of you,' and when a third party, victim E, tried to intervene, he brandished a soju bottle and threatened him as well.
2. DAEON's Strategy
As the victim's representative, I focused on highlighting the defendant's risk of reoffending and his retaliatory intent. In particular, I submitted detailed sentencing materials documenting the victim's ongoing psychological suffering and how the threats had seriously disrupted her daily life. I also made clear that the victim's actual recovery and her acceptance of any apology remained wholly inadequate, and persuaded the court that strong punishment was necessary to prevent reoffending. The crux of this case was how to balance criminal punishment with a civil settlement. To ensure the victim was not disadvantaged, I devised a comprehensive strategy that included reviewing the settlement terms and planning for future civil action. In a criminal case, a settlement is not simply a matter of money; it is a process of protecting the victim's rights and dignity. The assistance of experienced counsel is essential.
3. Result - 1 Yr 6 Mo Prison / KRW 15M Settlement
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Shin Dong-woo
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