Submission by Attorney Instead of Client
Interpretation as a Strategy for Mitigation
It was confirmed on the 25th that Kim Donghwan, the third-generation owner of Binggrae, who was prosecuted for assaulting a police officer while intoxicated, submitted a letter of reflection and a petition all at once one week before the first trial verdict. After the prosecution was filed, Kim did not submit any documents for over two months, making a heavy sentence inevitable, but it is interpreted that these documents were submitted just before the verdict to seek mitigation.
Third-generation owner of Binggrae in criminal court
On June 17, Kim was brought to trial on charges of repeatedly hitting the forearm of a police officer who arrived at the scene and swinging his fist toward the officer’s face while intoxicated and causing a disturbance in an apartment complex in Yongsan-gu, Seoul. He was also charged with headbutting another police officer’s face while being arrested as a suspect and being moved in a patrol car.
The prosecution indicted Kim in August on charges of obstruction of official duties. It was judged that he obstructed the legitimate execution of duties related to handling a 112 emergency call and the arrest of a suspect by assaulting the police. Under current criminal law, obstruction of official duties is punishable by imprisonment of up to 5 years or a fine of up to 10 million won.
The court decides the 'sentence' for the defendant by referring to the sentencing guidelines set by the Supreme Court’s Sentencing Commission based on the statutory penalty. For obstruction of official duties applied to Kim, the Supreme Court’s sentencing guidelines range from 6 months to a maximum of 4 years imprisonment. Usually, sentences range from 6 months to about 1 year and 6 months, but if aggravating factors such as multiple injured officers apply, as in Kim’s case, a sentence of up to 4 years imprisonment can be imposed.
Saved by the defense attorney... prosecution appeals
However, Judge Seong Jungyu of the Criminal Division 10 at Seoul Western District Court sentenced Kim to a fine of 5 million won. The court explained the reason for this sentencing by stating, "Considering the submission of a letter of reflection, the injured police officer’s plea for leniency, and the submission of a petition by the defendant’s spouse." They recognized sincere remorse and substantial restitution of damages. This is also a mitigating factor defined in the Supreme Court’s sentencing guidelines.
Initially, after the prosecution was filed in August, Kim did not submit any documents such as a letter of reflection or a request for no punishment to the court. Then, one week before the verdict (October 30), reference documents were submitted. The documents submitted by the defense attorney reportedly included Kim’s letter of reflection, the injured police officer’s request for no punishment, and a petition from Kim’s spouse.
On the 14th, the prosecution filed an appeal against the first trial verdict on the grounds of inappropriate sentencing. Their position is that even considering mitigating factors, a fine of 5 million won is too light. According to the Supreme Court’s sentencing guidelines, for obstruction of official duties, if mitigating factors such as restitution are applied, a sentence of up to 8 months imprisonment can be imposed. Previously, the prosecution had requested a sentence of 6 months imprisonment with a 1-year probation for Kim.
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