Assault and the Crime of Assault

Simple assault refers to an act of applying physical force to another person's body so as to cause pain, and it is established even if no bodily injury results.

According to Supreme Court precedent, the Court has held that a particular act may constitute assault even without direct physical contact.

Supreme Court Decision 2000Do5716, Decided January 10, 2003

Assault against a lineal ascendant refers to the act of committing assault against one's own or one's spouse's lineal ascendant (parents, grandparents, and the like).

It is punished more strictly than simple assault, and it is regarded as a serious crime that worsens family relationships and harms the peace of the home.

Special (aggravated) assault refers to a case in which several persons jointly exercise force, or an assault is committed while carrying a dangerous object.

In other words, it is a crime that is established when a threat is made through group cooperation, or an assault is committed using a dangerous tool such as a weapon.

The crime of assault resulting in injury or death is established where a person commits assault, assault against a lineal ascendant, or special (aggravated) assault, and thereby causes injury or death.

In other words, it is a crime that applies where the victim is injured or dies as a result of the act of assault.

The Supreme Court has held that assault resulting in death may apply even where the victim dies because a pre-existing illness was aggravated by the assault. (Supreme Court, decided January 18, 1983, 82Do697)

When someone improperly attempts to cause harm to oneself or another person, conduct undertaken to prevent this is not punishable if there is a justifiable reason.

In other words, if conduct was unavoidably carried out to protect oneself or another person, it may be recognized in law as ‘self-defense’ and may not constitute a crime.

For conduct to be deemed a justifiable act so that its illegality is precluded, the conduct must be consistent with its purpose and capable of being judged reasonable.

For this, the following requirements must be satisfied.

These requirements are considered together in determining whether the conduct may be recognized as a justifiable act.

If the offender is under 14 years of age, the offender is not subject to criminal punishment under the Criminal Act.(Criminal Act, Article 9)

However, where the offender is 10 years of age or older but under 14 years of age, the case may be handled as a juvenile protection case, such as through a protective disposition, under the Juvenile Act.

In addition, where a minor who is 14 years of age or older but under 19 years of age commits a crime punishable by imprisonment with labor for a definite term of two years or more, an indeterminate sentence specifying a maximum and a minimum term is imposed.

In such a case, the maximum term may not exceed 10 years, and the minimum term may not exceed 5 years.

When facing charges of assault, one should first objectively review whether an assault actually occurred, and if so, which act constitutes the assault, and whether that act was committed with intent.

To justify one's conduct or deny the charges, it is important to secure evidence that can establish the circumstances at the time of the incident.

CCTV footage, photographs of the scene, witness statements, and mobile phone videos may all serve as compelling materials.

If the other party also used violence, one may assert the status of a victim beyond that of a mere suspect, so evidence that can establish the other party's assault must also be secured.

Because assault is a crime not punishable against the victim's will, no public prosecution is instituted if the victim expresses an intention not to seek punishment.

This intention should be clearly recorded through a settlement agreement, and where necessary, it may be prepared in the form of a statement of no desire for punishment.

It should be noted, however, that in the case of habitual assault or special (aggravated) assault, punishment may be possible even if a settlement is reached with the victim.

Investigative procedures, such as a police investigation, require careful statements.

Where the suspect acknowledges the charges, showing a reflective attitude and taking measures toward recovery of the harm may have a favorable effect on the sentencing determination.

Conversely, where the suspect denies the charges, it may be necessary to maintain consistency in statements and to argue one's position logically through relevant evidence.

In an assault or assault offense case, the victim may file a criminal complaint against the offender with an investigative agency.

A criminal complaint must be made by submitting a written complaint to a prosecutor or judicial police officer, or by stating it orally before a prosecutor or judicial police officer.

At that time, supporting materials evidencing the assault or assault offense, along with a medical certificate, may be submitted together.

The victim may seek compensation for the harm by filing a compensation order directly during the criminal trial, without a separate procedure such as a civil lawsuit.

A compensation order may be applied for before the closing of oral argument in the criminal trial at the first or second instance, and an application for a compensation order, together with copies equal to the number of defendants, must be submitted to the court where the proceedings are pending.

However, a compensation order cannot be applied for in the criminal trial if a claim for damages is already proceeding through another procedure such as a civil lawsuit.

If a victim of assault has not reached a settlement with the suspect regarding matters such as medical expenses or consolation money, the victim may claim damages through the following civil procedures.

If the right to claim medical expenses, consolation money, and the like is acknowledged through the above procedures but the suspect does not perform it, compulsory execution procedures may be carried out through the court.