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Deals & Cases

Special (aggravated) bodily injury, etc.

A Case of Assistance with Special (Aggravated) Bodily Injury | Threatening a Neighbor with a Bladed Object on a Charge of Special Bodily Injury, Resulting in a Suspension of Indictment

The client, who requested a legal consultation regarding the offense of special (aggravated) bodily injury, came to the firm on behalf of his mother, who was involved in a case of special bodily injury.

CONTENTS
  • 1. The Client Who Requested a Consultation regarding Special (Aggravated) Bodily Injury
    • - The Circumstances of the Special Bodily Injury Case
  • 2. Assistance in Defending Against Punishment for Special (Aggravated) Bodily Injury
    • - Reconstructing the Circumstances of the Case and Stabilizing the Response to the Investigation
    • - Submission of Medical Records Affecting the Assessment of Intent and Mental Capacity
    • - Promptly Reaching a Conciliation and Settlement with the Victim
    • - Demonstrating Measures to Prevent Reoffending and the Establishment of a Family Care System
  • 3. The Result of the Special (Aggravated) Bodily Injury Case: Defense Against Punishment Through a ‘Suspension of Indictment’
    • - The Standard for Special Bodily Injury and the Level of Punishment
    • - If You Have Become Involved in a Criminal Case
    • - FAQ regarding Special (Aggravated) Bodily Injury

1. The Client Who Requested a Consultation regarding Special (Aggravated) Bodily Injury

This is an account in which the son of the suspect came to Daeryun Law Firm and requested assistance regarding a case booked on charges of special (aggravated) bodily injury and attempted special bodily injury.

The Circumstances of the Special Bodily Injury Case

The client's mother (the suspect) had long been receiving treatment for mental health issues, and her anxiety had gradually grown as minor conflicts with a neighbor recurred.

In the midst of this, a particular misunderstanding compounded matters and the situation deteriorated significantly, eventually leading to conduct in which she threatened a neighbor with a paring knife she was holding.

At the time, the mother was under the mistaken belief that the neighbor had stolen her clothes, and because her ability to perceive reality was diminished, she was unable to properly control the situation.

When the victim tried to stop her, some of the conduct ended in an attempt, but in the course of the events that followed, actual injury occurred as she pulled the victim's arm and caused the victim to fall, so that charges of both special bodily injury and attempted special bodily injury were applied.

As the matter escalated into a far larger case than expected, the client grew worried, wondering, “Will my mother perhaps be punished severely?” and “If we do not respond properly to the investigation, will the misunderstanding grow even worse?”

For these reasons, he ultimately came to the firm and requested a consultation in order to obtain prompt assistance.

Special (aggravated) bodily injury, circumstances of the case, criminal law attorney

2. Assistance in Defending Against Punishment for Special (Aggravated) Bodily Injury

After closely analyzing the special (aggravated) bodily injury case, the criminal defense attorney admitted all of the alleged facts but established a strategy to maximize the possibility of a suspension of indictment, comprehensively reflecting the suspect's mental state, the circumstances of her conduct, and the measures taken afterward.

Special (aggravated) bodily injury, defense against punishment, attorney assistance

Reconstructing the Circumstances of the Case and Stabilizing the Response to the Investigation

The criminal law attorney first factually reconstructed the suspect's mental state at the time of the incident and the situation of misperception caused by her delusions, by comparing the investigation records with the medical records.


In addition, by emphasizing the following points, the attorney made clear that there was “no intent to conceal the offense and no lack of cooperation in the investigation,” thereby removing sources of concern for the investigative authorities.

▷ The point that the suspect consistently confessed without reversing her statements

▷ The point that she voluntarily submitted her mental health medical records and diagnosis at an early stage

The attorney also prepared a statement-protection strategy for the suspect so that any omissions in her statements caused by confusion of memory during the investigation could be supplemented, thereby preventing unnecessary misunderstanding.

Submission of Medical Records Affecting the Assessment of Intent and Mental Capacity

To prove that the suspect had long suffered from non-organic psychosis, Alzheimer's dementia, delusions of reference, and persecutory delusions, the criminal law attorney systematically submitted the following materials.

Principal Supporting Materials

∙ Hospital admission and discharge records

∙ Medical opinion

∙ Medication history

∙ Cognitive impairment assessment results


In particular, the attorney explained, on a medical basis, that the unrealistic belief that “the neighbor had stolen her clothes,” caused by delusions of reference, was the direct cause of the incident, thereby emphasizing that the likelihood of criminal intent was markedly low.

Through this, the attorney persuasively presented the point that the suspect's mental capacity was impaired, so that it would serve as an important mitigating factor at the sentencing stage.

Promptly Reaching a Conciliation and Settlement with the Victim

A case in which a person threatens another with a bladed object and an injury results is ordinarily difficult to settle.

However, the criminal law attorney did not give up and sought to calm the victim's feelings and to find a realistic plan for compensation, thereby reaching a settlement.


In particular, during the criminal conciliation process, in order to ease the victim's anxiety, the attorney systematically explained the suspect's current treatment status, the family's care plan, and the remorse of the suspect and her family.

As a result, the victim's side clearly expressed an intention that the suspect not be punished, and this became a decisive factor that substantially increased the likelihood of a suspension of indictment.

Demonstrating Measures to Prevent Reoffending and the Establishment of a Family Care System

Together with the materials, the criminal law attorney argued that the risk of reoffending was low, emphasizing the following points.

▷ The fact that, since the incident, the suspect has been receiving consistent inpatient and outpatient treatment immediately

▷ The point that she now resides with her son, with a constant family system of care and management in place

▷ The point that, through a future relocation, the neighborly relationship with the victim has completely ended, making physical contact itself impossible


In addition, by presenting the family's letters of appeal and a daily-living management plan to make clear that the suspect does not live independently, the attorney objectively demonstrated that the likelihood of reoffending was ‘very low’.

3. The Result of the Special (Aggravated) Bodily Injury Case: Defense Against Punishment Through a ‘Suspension of Indictment’

Special (aggravated) bodily injury, result of assistance, suspension of indictment, defense against punishment

After reviewing the special (aggravated) bodily injury case, the prosecution acknowledged the following facts in light of the criminal law attorney's meticulous organization of the facts, presentation of legal principles, and submission of ample sentencing materials.

∙ The suspect had no intent whatsoever to conceal the offense and consistently confessed throughout the investigation.

∙ The mental illnesses that became the direct cause of the incident, such as delusions and dementia, had persisted continuously.

∙ An amicable settlement with the victim and a clear intention that the suspect not be punished were confirmed.

∙ A constant family care system was in place, making the risk of reoffending very low.

As a result, despite the serious element of ‘the use of a bladed object,’ a suspension of indictment (non-prosecution) was issued for both special bodily injury and attempted special bodily injury.

What Is a Suspension of Indictment?

A suspension of indictment refers to a disposition in which the prosecutor, while acknowledging the alleged facts against the suspect, decides not to indict in consideration of factors such as the suspect's age, the motive for the offense, and whether a settlement has been reached.


Upon receiving the decision, the client expressed deep relief, saying, “I had feared that my mother might be detained or that the case might even go to trial, so I am very thankful that she can now focus again on treatment and daily life.”

The Standard for Special Bodily Injury and the Level of Punishment

The offense of special (aggravated) bodily injury is established when a person inflicts bodily injury on another while displaying the collective force of a group or a crowd, or while carrying a dangerous object.

An attempt may also be subject to punishment (Article 258-2(3) of the Criminal Act), and it is punished far more severely than ordinary bodily injury.

Level of Punishment

Statutory Provision

Level of Punishment

Article 258-2(1) of the Criminal Act

Imprisonment for not less than 1 year and not more than 10 years

In a case such as the above, because of the element of ‘the use of a bladed object,’ the motive, circumstances, and degree of the injury are examined very closely, and mental illness, dementia, and the like can be important mitigating factors in assessing mental capacity.

If You Have Become Involved in a Criminal Case

In a criminal case, the outcome can in fact vary greatly depending on the precision of the initial response.

Daeryun Law Firm includes many professionals who have handled a wide range of criminal cases, including criminal law attorneys registered with the Korean Bar Association.

Assistance System

▶ Assignment of a dedicated attorney by case type and review of legal principles such as intent and mental capacity

▶ Establishment of a strategy in preparation for police and prosecution questioning, and accompanying assistance

▶ Analysis of medical materials, including securing medical records, treatment history, and psychiatric evaluation materials

▶ Dedicated support for settlement and conciliation procedures with the victim

▶ Preparation of sentencing materials such as measures to prevent reoffending, the establishment of a care system, and supporting petition materials

If you are worried that a family member may be unfairly subjected to heavy punishment in a similar situation, please request assistance through a 🔗Legal Consultation Reservation.

FAQ regarding Special (Aggravated) Bodily Injury

Q. Can a person be punished for special bodily injury even if no actual injury occurs?

A. Even if no actual injury occurs, a person may be punished for attempted special bodily injury where ‘a realistic risk of being able to attack another with a dangerous object such as a bladed object has been created.’

Q. If a person has a mental illness or dementia, is the punishment for special bodily injury mitigated?

A. If it is recognized that the mental illness substantially affected the offense, it becomes a ground for mitigation based on ‘diminished mental capacity’ or a factor to be considered favorably in sentencing.

However, for this purpose, objective materials such as a diagnosis, treatment history, and records of behavioral observation are essential.

특수상해죄

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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