或和任何人公開/私下討論.請自重.No Excuse Again!
All good questions. I’ll have to look into them and see what I could find in the next few days. In the US, community service can range from picking leaves at a park to visiting senior citizens to fund-raising and anywhere in between. For professionals and celebrities, they sometimes are given the opportunity to perform work consistent with their abilities. The details are often decided by the probation office, consistent with guidelines set by the court (if the court has set anything). But that’s the US practice.
I’m interested in more info about what was said about the interest to appeal by either side. When the defendants appeal, usually it’s because they want to challenge (i) the finding of liability itself (for example, tainted evidence or coerced confession, lack of evidence to convict, violations of due process, etc.) and/or (ii) the appropriteness of the sentence. The defense here didn’t seem to have challenged the finding of drug use itself during trial, so the appeal may relate to the sentence. If the latter is the case, it may be because they want to avoid the legal consequences of a suspended prison term (such as whether you can expunge the record, serve in the military, work in certain occupations, insurance coverage, travel bans, etc), or there is fundamental issue of fairness or civil rights involved, or the judge failed to consider certain mitigating factors (the judge did not mention the effect stemming from the dubious treatment by police or media in releasing his name but the JH camp didn’t seem to want to pursue that line too much, probably b/c it could backfire as being insufficiently remorseful ) or committed error in allocating weight to certain factors. These are just my very wild guesses. If the appeal by the defense focuses on the severity of the sentence, in most cases, the worst that may happen is the appellate court is not persuaded by the defense’s arguments and confirms the lower court’s sentence decision. The chance of getting a more severe sentence is very, very slim. Now if the prosecutor decides to appeal the sentence as too lenient, then you could potentially get a more severe sentence. Also, if the sentence is appealed, then most likely the sentence would be stayed (that is, would not take effect to keep status quo) during appeal. But I’m getting ahead of myself. The first question is whether appeal will take place, who will file the appeal, and what the appeal is about. There is a deadline for appeal, though I’m sure what it is under Korean criminal law.
The JH case is unfolding in interesting ways and has several dimensions that are beyond individual’s control or raise much more general questions about the military law, the press, the police, and basic rights issues. The society can always criticize him for drug use, and it will for a while. But it’ll harder to criticize his sentence as too lenient b/c it is disproportionately harsher when compared to the punishments given the established drug trafficker and distributor in this case on the same day. (I fully expected them to get a break for providing valuable evidence to the police in exchange for leniency from the prosecutor and the court. However, what they got from the judge was substantially more lenient than what the prosecutor recommended, which I thought was relatively lenient compared to what was recommended for JH.) I’m still unclear what the result on military service is but, whatever it ends up, you can’t criticize him for escaping from or into active military service b/c clearly he’s stuck in a quandary created by the law itself. Meanwhile, many people would have to agree that individual rights were trampled on, the police conduct was highly inconsistent and questionable, his use was quite mild and temporary, and he was more honest than most people would have been under the same circumstances. (Few would have faulted him if he had chosen to use the negative test result as a shield and not hand the case to the prosecutor. After all, by law it is the government’s burden to prove a case, not the other way around. This is a very important modern legal principle). Then there is the large number of loyal fans who seem to have become even more loyal and are causing the opportunistic entertainment industry who has readily written him off to take notice and have second thought.
No, don't think he'll appeal. I think he wants to find a very quiet, private (private as in away from any public) and definitive way to get this behind, that's why he wants to be in active duty, which would have offered a clean break from all this mess. B/c that's not going to happen so he'll have to figure out a way to transition out of his current state. Even if he only received $ fine, It'll be very awkward, socially and psychologically, for anyone to transition back after all that have happened (not just the media but the betrayal and the destruction of a once-treasured past, which must cut even deeper). He's very tough but very sensitive, so he'll need some space and time.
Not sure exactly when and where and what about the community service -- but I think it would be arranged in a way that's not too intrusive of him. Remember, if the folks who have to supervise the service are busy and wouldn't want to have to deal with nosy reporters, etc.
I don't know the practice of expunging the record in Korea. One of the problem is that his drug conviction (actually even arrest without conviction or expungement of crim record) will cause inconvenience to travels to many places outside of Korea. Normally, you can travel to quite a few countries (for example, Korea to Japan or US) without having to apply for a visa if the stay is relatively short. However, many countries, including Japan and US, require you to apply for a visa if you have any drug-related arrest, which then can trigger additional background checks, delay at the airport, etc. Many people don't reveal that (especially for arrests that took place long time ago) or are not aware of that and never get caught, but that's not an option to him. (He wouldn't want to anyhow.) B/c Japan is quite strict about this and b/c Japan is a big market, that means that, if he want to travel there for the next few years, his people may have to go through some troubles and do some leg work to make sure nothing embarrassing happens at the customs when he enters Japan.
許多人選擇不自動不吐露， （特別是逮捕是發生在很久以前的事） ，或不知道也並沒有被抓到，不過這不是JH的選擇。 （不管怎樣他也不會這樣隱瞞).因為,日本對這一方面是相當嚴格的,也因為日本是一個大市場，這意味著，如果他想在今後幾年去日本公幹，他本身可能要面對一些麻煩，做一些特別的行程工作，以確保當他進入日本海關時,不會有任何尷尬的情況出現。
During suspension, he should be able to do some stuff (that’s kind of the purpose of a suspension) but maybe with some restrictions, real or self-imposed. Maybe he could at least record a song or two with his friend Kim Jae Woo (? the pastry chef) who seems to be fond of indie stuff anyhow so we have something to listen to, or some low-key stage work?!
在緩刑期間，他應該可以做一些東西（這就是緩刑的目的） ，但也許有一些限制，實際的或自我施加的。也許他至少可以錄製一首歌曲或與他的兩個朋友-金在宇（ ？的糕點廚師）,那位看起來似乎喜歡獨立的工作，無論如何我們都必須聆聽;或者他也可以從事一些低調的表演工作！
For travel-related issues, it would depend on the law of each country of entry; it has little to do with how Korean law. For the several countries I know of, I don’t think it would be limited to the period of suspension. Obviously, use is much more common and is not treated the same as distributing, selling or manufacturing.