How to prepare a letter of remorse, petitions and sentencing materials

Timing and content matter more than volume. Check the following before you start writing.

• Confirm the case number and the court division (which single-judge criminal court or panel). Put these at the top of every document.
• Write down the date of the next hearing. The hearing may close that day, so materials must be submitted before then.
• Be clear about which charged facts you admit and which you dispute. A letter of remorse must not include anything admitting facts you dispute.
• Sort out how far compensation has gone. Check whether you have a settlement agreement, transfer records or a deposit certificate.

When deciding the sentence, the court takes into account factors such as the motive and consequences of the offense and the circumstances after the offense (Criminal Act (형법) Article 51). A letter of remorse (반성문) is the document in which you show those post-offense circumstances yourself. Rather than writing "I deeply regret it" over and over, explain in your own words what you did wrong and show that you understand the harm the victim suffered.

Reflect on why it happened and write specifically what you will change. If drinking was the cause, give the date you joined a sobriety group or started treatment; if it was a money problem, give your repayment plan. Blaming the victim or mixing in a sense of injustice makes the whole letter read like an excuse. Handwritten or printed is fine, but avoid sentences that obviously sound as if someone else wrote them.

A petition for leniency (탄원서) is written by someone who has known the defendant for a long time. Common writers are family members, a boss or colleagues, longtime neighbours, and people from a church or organisation the defendant belongs to. A few letters from people who know the relationship well are read more closely than a list of many signatures.

A petition should say who the writer is, how they know the defendant and for how long, give anecdotes showing what kind of person the defendant usually is, and include a promise of how they will help in future. Attach a copy of the writer's ID; if they are a colleague, submitting their certificate of employment as well makes it more credible.

If a family member writes the petition, it helps to say how they will look after the defendant from now on and what they will do together to stop the same thing happening again. There is no set format, but do not leave out the writer's name, contact details and signature.

Documents carry more weight than words. Choose the ones that fit your case, make a list and submit them.

• Settlement agreement and statement of non-punishment; if there is no settlement, a criminal deposit certificate and records of attempts to settle
• Receipts for repayment of the harm, transfer records
• Certificate of employment, family relationship certificate showing dependants
• Records of treatment or counselling, certificates of completed courses
• Records showing a change in your life, such as volunteer work certificates

Write the case number and court division on the materials and submit them at the court's public service office or send them by post. If you have a lawyer, it is better organised to submit everything at once with a list of materials attached. In cases where the charged facts are admitted, the hearing can close at the first session, so submit the basic materials before the first hearing and add anything that comes later.

Petitions submitted at the investigation stage may not be seen by the court unless the prosecutor submits them as evidence. It is safer to organise them again and submit them at the trial stage.

We do not just bundle the materials together; in a defense counsel's written opinion, we explain one by one what each item shows. We read your draft letter of remorse with you and check that no sentence conflicts with the points you are disputing. If a hearing date has been set, we work out what to prepare first to meet that date.