[T] State v. Yi1/20/2004
now to say that he did understand enough of what the officer had conveyed to him, that he should not have gone back to that apartment, and he did have a court order in his hand.
So, although he did -- did not understand, didn't have the capability to understand every word or every provision in that order, he violated that order.
[DEFENSE COUNSEL]: Okay. Also, Your Honor, at this time I'd like to go into some background about my client's current situation. This doesn't necessarily -- this doesn't go to -- it goes to what -- what's going on in his life, and that may also -- that may be related to what the appropriate sentence would be.
THE COURT: Okay.
[DEFENSE COUNSEL]: Mr. Yi is in the household right now with . They are together, I think that was apparent at the trial, or at least the court was aware of it.
Mr. Yi has three children from a -- from a marriage where he separated from his wife. He is with . The children are 17, 13 and 8 years old.
THE COURT: These are from a marriage not involving , you're saying?
[DEFENSE COUNSEL]: That's correct.
THE COURT: Okay.
[DEFENSE COUNSEL]: Mr. Yi does support or help support these children. He does own a business. It's a business where he takes cars that are, I think, in -- need to be salvaged, or somebody supplies him these cars. He repairs them, and then that person, I guess, takes them back and markets them, so he does have a -- a business that's his own business.
And if he's given a substantial period of jail, he's likely to have to close that business. He has -- his sister, who's present in the court, had posted bail in the amount of $1,000 in this case.
The court's aware that, I believe the maximum fine in this case would also be a fine imposed up to [$]2,000. Mr. Yi understands that there was an expense involved in asserting his rights to a jury trial, but that because he went forward, and in a sense, because he didn't take responsibility, he's asking that there be a fine imposed, not in lieu -- entirely in lieu of jail, but to lessen the severity of jail.
THE COURT: So his sister can pay for that?
[DEFENSE COUNSEL]: He certainly will be paying for it, when he -- so he can keep his business together, do a jail sentence, that wouldn't cause him to lose his business, and then pay a fine. And we're asking that the court impose a sentence of two weeks['] jail.
The way his business operates, if he -- going to have to pay the rent for his business, the overhead of his business, pay it on a monthly basis. He's in jail for a long period of time, his business will close down, but if he can keep his business going, pay the substantial fine, he can continue to support his children, and also pay back his sister for the bail.
THE COURT: Okay. Your client wanted to address the court?
INTERPRETER [FOR YI]: Yeah. I like to say, I admit my fault. That's all I like to say.
I -- I fear. I'm sorry that, you know, I had to go through jury trial that taking the court's time, so I apologize for that. I like to ask a favor, you know. Hopefully give me a chance so I can support my family so as little possible, I would like to request.
THE COURT: Okay. Is that it?
INTERPRETER [FOR YI]: I -- I admit my fault. I understood principles, but --
THE COURT: Go ahead.
INTERPRETER [FOR YI]: I did not, frankly, I did not understand all the details, everything that entails. I made a mistake.
THE COURT: Okay. So a statement that he knew he did something wrong, or he didn't know and h
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