News & Insights
Latest news and legal insights from HANBYOL LAW LLC.
I'm 'not guilty' but the prosecution appeals...can it be overturned?
When Mr. A, who viewed a dashcam to check for his spouse's infidelity, was charged with car search and acquitted in the first trial, Hanbyol Law LLC lawyer Jeon Soo Kim explained that an immediate appeal by the prosecution is a common procedure. Mr. Kim pointed out that it is a common practice for prosecutors to appeal acquittals in order to revalidate their judgment, and that acquittals are not always reassuring.
Kim emphasized the importance of appellate review and warned that if only the prosecutor appeals, the doctrine of no prejudicial change will not be applied, which may result in a heavier sentence than the first trial. Therefore, he recommended that the defense should prepare a thorough response to the appeal, including reinforcing the logic of the first trial's acquittal and systematically organizing key facts and evidence, such as the substance of the marital relationship and the common use and property of the vehicle.

