Acquittal on appeal in an indecent assault case by proving key evidence was forged and impeaching the complainant's credibility

Jaehoon LeeMatterCriminal MattersAttorney Jaehoon Lee

Overview

The client was indicted for indecent assault and convicted at trial.

Attorney Jaehoon Lee took on the client's defense on appeal and challenged the lower court's finding of guilt.

Key Issues

With a conviction already entered at trial, the core issues were the authenticity of the key evidence submitted by the complainant's side and the credibility of the complainant's statements.

In particular, it was important to impeach the credibility of the evidence and statements on which the conviction rested, and to show that the lower court's findings of fact were mistaken.

Our Work

We analyzed the key evidence submitted by the complainant's side and proved that it had been forged.

On appeal, we also conducted a rigorous examination of the complainant as a witness, pointing out specific contradictions and credibility problems in the complainant's statements, and on that basis argued that the charges had not been proven beyond a reasonable doubt.

Result

The appellate court reversed the lower court's conviction and found the client not guilty.

The prosecution did not appeal to the Supreme Court, and the acquittal became final.

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