Background
Our client was indicted on a charge of assaulting the other party at the end of a spontaneous altercation on the street. Changchun defended the indicted client.
The Issue — Is the Charge Proven Beyond a Reasonable Doubt?
In a criminal trial the prosecutor must prove guilt beyond a reasonable doubt, and short of that the defendant is acquitted (Criminal Procedure Act art. 325). In this case there was in substance little objective evidence beyond the victim's account.
How Changchun Helped
Changchun (attorney Donghwan Shin) established that the charge was unproven, pointing to ① the complete absence of objective materials such as CCTV or dashcam footage to support the allegation; ② the fact that the complaint was filed only about three years after the incident; and ③ circumstances casting doubt on the reliability of the account, including indications that the victim had sought a settlement payment.
Outcome
Finding the charge unproven, the court acquitted our client.
The less objective evidence there is beyond a victim's one-sided account, the more it matters to contest the reliability of that account and the gaps in proof to the very end. An unjust indictment can be set right with an acquittal. (Outcomes may differ depending on the facts of each matter.)