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Firm News
writer 관리자
date 24.01.03
[Media Coverage July 2023] Attorney Gong Il-gyu - The Fact: Controversy over Pardon without Victim's Forgiveness in Judicial Surety Reduction
Attorney Gong Il-gyu, a partner at Orehaneul Law Firm, participated in an interview with The Fact News (by Intern Reporter Kim Si-hyeong) to discuss the controversy surrounding judicial surety.
In cases where the victim does not claim the surety money, there is an alternative solution that does not consider it as a mitigating factor. Former prosecutor and attorney Gong Il-gyu stated, "If the defendant provided surety but the victim refuses and does not come to claim it until the date of the court's verdict, it may not be considered as a mitigating factor. Other considerations, such as the defendant reclaiming the surety, can also be explored."
Attorney Gong mentioned, "While it is indicated in the judgment if the defendant provided surety, it is unknown how much it is reflected in the sentencing system. From the perspective of defense attorneys, it is sometimes challenging to predict how the information about surety will be considered in mitigation when guiding clients (defendants) about surety."
For more details, please refer to the link: The Fact News Article
In cases where the victim does not claim the surety money, there is an alternative solution that does not consider it as a mitigating factor. Former prosecutor and attorney Gong Il-gyu stated, "If the defendant provided surety but the victim refuses and does not come to claim it until the date of the court's verdict, it may not be considered as a mitigating factor. Other considerations, such as the defendant reclaiming the surety, can also be explored."
Attorney Gong mentioned, "While it is indicated in the judgment if the defendant provided surety, it is unknown how much it is reflected in the sentencing system. From the perspective of defense attorneys, it is sometimes challenging to predict how the information about surety will be considered in mitigation when guiding clients (defendants) about surety."
For more details, please refer to the link: The Fact News Article
