SEOUL · KIM & HYUN LAW OFFICE010 5534 6843

CASE RESULT · CRIMINAL APPEAL

KRW 20 million fine at first instance.
Pronouncement of sentence deferred on appeal.

A criminal case arising during hospital operations. Younghoon Kim and Kim Hyun-jung challenged the sentence as excessive on appeal, obtaining reversal of the first-instance judgment and deferral of pronouncement of sentence.

← Criminal case results

1Experience in a related case, with a confirmed result

A client operating a hospital was prosecuted over a matter arising during hospital operations and received a KRW 20 million fine at first instance. Kim & Hyun represented the client on appeal.

Judgment reversed
The appellate court reversed the first-instance judgment.
Pronouncement deferred
Pronouncement of the KRW 20 million fine was deferred.
Sentencing challenge accepted
The conviction remained, while the sentencing outcome changed.

If the deferral is not revoked and two years pass, the defendant is deemed to have received a dismissal of the prosecution. This account describes the appellate judgment.

Appellate judgment: order and defence counsel

2How we assess your case

An appeal challenging the sentence as excessive may change the outcome even after a fine at first instance. At the first consultation, we review the type of sentence, any previous convictions and the direction of sentencing materials to assess whether deferral can be considered. We do not promise a particular outcome.

3The appeal process and strategy

  1. Within seven days of the first-instance judgmentFile the notice of appeal.
  2. Grounds of appealDevelop the sentencing challenge.
  3. Sentencing materialsPrepare materials in light of the requirements for deferral.
  4. Hearing → judgmentIf the deferral is not revoked and two years pass, the defendant is deemed to have received a dismissal of the prosecution.

We consider a sentencing challenge directed at the requirements for deferral, alongside the scope for disputing guilt.

4The consulting attorney handles the case

Kim Hyun-jung conducts the consultation personally. She is registered with the Korean Bar Association as a criminal law specialist, writes the grounds of appeal and attends hearings herself. Younghoon Kim, a former judge of the Seoul Central District Court, acts as co-counsel. The attorney you consult is involved in conducting the case.

Consult attorney Kim Hyun-jung

If you are considering an appeal after a first-instance fine, prepare the judgment and the date it was pronounced. The criminal appeal period is seven days.

Outcomes depend on the facts and evidence of each matter.