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In special assault and injury cases, it is difficult to avoid criminal punishment even if an agreement is reached with the victim.

Media Loishu
Date

2022-11-07

Views 2,251

특수폭행·상해사건, 피해자와 합의해도 형사처벌 피하기 어렵다

At drinking parties, it is easy for drunken people to get into petty fights or fights, and you can often see people who get carried away by their emotions and resort to violence. Caution is required as these violent incidents may be considered special assault or special injury crimes depending on the specific details.

First of all, special assault is a crime of committing assault by showing the force of a group or group or by carrying a dangerous object, and is subject to a statutory penalty of up to 5 years in prison or a fine of up to 10 million won. Unlike general assault, it is not a crime of impunity against the will, so even if an agreement is reached with the victim, the criminal litigation process continues, making it difficult to avoid punishment.

Special injury is a crime committed when a person carries a dangerous object or shows the power of a group or group to cause injury. The basic level of punishment is very high, as it is prescribed to be imprisonment for between one and ten years.

Even if it is an everyday object, if the other person or a third party feels that their life or body is in danger or causes harm to their body, special assault or special injury is considered, so you should refrain from throwing objects such as drinking glasses or bottles lying around on the table.

Glasses, bottles, tongs, scissors, etc., commonly found in restaurants and bars, can constitute special assault even if they are not hit directly when used in a way that threatens people. Therefore, you should be especially careful not to act accidentally when drinking, where your rational judgment is likely to be paralyzed.

If special assault is applied, the problem cannot be resolved through agreement alone, and even if it is a first offense, there is a high risk of being sentenced to prison. In some cases, the punishment may be significantly increased, so the severity of the case must be carefully considered.

Attorney Kim Young-heum, a former chief prosecutor at Daeryun Law Firm, advised, "If you are accused of special assault or injury, you should carefully check the facts and not think about minor problems that occurred while drinking to avoid being punished for unfair charges. Therefore, you should seek legal assistance from a criminal lawyer to respond."



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