State v. Yi1/20/2004
e 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 [c]ourt impose a sentence of two weeks['] jail.
The way his business operates, if he [sic]--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 [c]ourt?
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 [c]ourt'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 [sic] 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 he made a mistake? I'm a little confused.
INTERPRETER [FOR YI]: At this time, I will take full my responsibility.
THE COURT: Okay. Okay, Mr. Yi, if you would [sic] come here before the trial and had said all this, I certainly would have listened to all of it. You would have been given another chance. You didn't, presumably, you weren't on probation any more, so I would imagine that this would have been a minimal amount of jail.
As the prosecutor points out, though, you came into court; you took an oath to tell the truth, and you lied under oath. I'm not going to say that's based on your language 'cause the State could make what they wanted out of that, but I am convinced that you knew you weren't supposed to be in the apartment, that you knew that that's what the order was, that the officer explained that, that you understood him to say that, and you testified under oath that you didn't understand that, and that you went back.
You also have been convicted of assaulting [Pom] in the past. The fact that she's still with you, I think you're an extremely lucky guy, so I don't want to, you know, I'm certainly not going to give you the maximum, because I don't think that's appropriate.
***6 On the other hand, you do not have the right to come into court and lie to me, to the jurors, to everyone else, so I'm going to sentence you to two years of probation, four months in jail. You are ordered to pay the cost of your own probation, which is $75 a year for two years, plus $50 CICC victim's fund fee, that's $200. You have 30 days to pay that.
The--I will stay the imposition of this for 30 days. Regarding the jail term, if you're--if you folks are going to file an appeal, that can be done, that will stay the jail time alone, all the rest of the conditions will go forward.
....
I'm trying to take into account here, Mr. Yi, the fact that you do have another family to support. You have another business. At the same time, you've been convicted of a crime of a domestic c
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