2023.03.28
Others

Criminal case involving an officer of a publicly traded company that resulted in a suspended sentence.

The outcome of a criminal case can vary greatly depending on how the accused is dealt with within a limited time frame. At Kuribayashi Sogo Law Office, we strive to have an interview with the accused as soon as possible after he or she is arrested to avoid a request for detention, which would result in the accused being held in custody for a long period of time. In the event that a request for detention is made, we will work to have the person released from custody as soon as possible through a request to dismiss the detention or a request for bail. If you are involved in a criminal case, please contact us as soon as possible.

Theft (not request for detention)

In a case in which the perpetrator was caught red-handed in a theft case (underwear theft), we avoided a request for detention by securing an underwriter and explaining to the prosecutor his living environment (stable occupation), etc. The perpetrator was released from custody two days after the arres. We then negotiated a settlement with the perpetrator and although we had to pay a fairly large settlement, we were able to obtain a stay of prosecution in consideration of the perpetrator’s feelings of punishment as a result of the perpetrator’s signing of a written plea that he did not want to be prosecuted. Because the arrest took place on a Saturday, Sunday, and a public holiday, we were able to resolve the case without any knowledge of the incident at place.

Assault (not request for detention)

There was an incident at a train station where a suspect who was intoxicated got into a fight with a passerby and punched the other party, resulting in his arrest. The suspect was a young company employee, who was not usually associated with violence at all, but he was drunk during the year-end party season and may have been involved in a violent incident. We asked the mother, who lived in a rural area, to come to Tokyo immediately by plane, and we also asked the boss of the company to prepare a written request for the suspect to work at the company as he had before if he was released. After negotiating a settlement with the victim, we submitted the various materials we had prepared to the prosecutor and requested that he not file a request for detention, which he did. In addition, the settlement with the victim made it clear that the victim did not want to be punished, and the case ended in a non-prosecution (deferred prosecution).

Atrocities (Detention request dismissed)

In a case involving a fight at a train station, a request for detention was made by the prosecutor, but after confirming the fact that the victim had been unilaterally beaten through interviews with the parties involved, we explained the circumstances to the judge and obtained a decision to dismiss the request for detention. He was immediately released from custody and was able to return to work after only one day off from work. He was later granted a stay of prosecution.

Obstruction of Public Duties (request for detention dismissed)

In a case of arrest for obstruction of public order for assaulting a police officer who was conducting a breathalyzer test after the officer stopped him while he was driving a car under the influence of alcohol. After meeting with the judge, we obtained a decision to dismiss the request for detention.

Professional Manslaughter (Bail)

There was a case in which an executive of a listed company caused a traffic accident, resulting in the deaths of two victims. The defendant was charged with professional manslaughter, but given the severity of the outcome, it was highly likely that he would be sentenced to prison, and it was unlikely that he would be granted bail. Since the defendant was an officer of a listed company and the driving of the car was part of his duties, we prepared a statement by a representative of the company and had the managing director of the company attend the bail interview. As a result, the defendant was granted bail and released from custody after posting a 2 million yen bail bond.

Methamphetamine Use (Suspended Sentence)

Obtained a suspended sentence in a methamphetamine use case involving a defendant with multiple prior convictions, including a prison sentence.

Road Traffic Law Violation Case (Suspended Sentence)

Obtained a suspended sentence in a Highway Traffic Law violation case involving a defendant with multiple prior convictions, including similar convictions.

Molestation (no request for detention)

We settled a case of molestation in a train with the victim and obtained a deferred prosecution sentence.

Voyeurism (deferred prosecution)

In a case of taking voyeuristic photographs of a woman’s skirt on an escalator in a train station, we settled with the victim and obtained deferred prosecution.

Molestation (Denial of request for detention)

The public prosecutor filed a request for detention of a suspect who denied the allegation of molestation, but we specifically stated that there were no reasonable grounds to suspect that the suspect committed the crime based on objective circumstances that prevented the suspect from committing molestation and that there was no danger of the suspect fleeing or destroying the evidence. As a result, the request for detention was denied and the suspect was released.

Injury (Detention request dismissed)

A suspect was arrested for drunkenness and assault, and was requested to be detained. The suspect submitted a petition to the court stating that there was no reason or necessity for detention, stating specific facts that showed the suspect’s character, along with a letter of reference from his supervisor at work. The prosecutor immediately filed a quasi-appeal to quash the trial court’s dismissal of the request for detention, but the court dismissed the quasi-appeal after the suspect submitted a written appeal to the court, repeatedly emphasizing the grounds that he was neither likely to flee nor to conceal evidence. The suspect was not detained, and settlements were reached with the two victims, and the prosecution was suspended.

Injury (Detention request dismissed)

In a case involving alleged injuries, we met with the judge and stated our opinion that the suspect was not in danger of destroying evidence or fleeing, and obtained a dismissal of the request for detention.

Violation of the Road Traffic Law (fine)

While making a right turn at an intersection, the driver of a car collided with a motorcycle coming from ahead, injuring the driver of the motorcycle. The driver of the car was charged with failure to look ahead, signal violation, and speeding. After confirming the scene of the collision and checking the police report, we argued that there were inconsistencies in the police report and that there were discrepancies in the statements of the parties involved, including the victim, and we maintained that the driver was not guilty. As a result, the court found the defendant not guilty of violating the duty to keep an eye on the road ahead, but not guilty of violating traffic signals and speeding. As a result, the defendant was sentenced to a fine of 400,000 yen in contrast to the sentence of one year imprisonment, which is now final.