CONTENTS
- 1. Details of the Assault Settlement Case
- 2. Assistance Provided by the Criminal Law Specialist Attorney in the Assault Settlement Case
- - Refuting the Joint Assault Charge
- - Establishing the Assault Settlement Strategy
- 3. Result of the Assault Settlement Case
- - The Concept of Assault and Its Elements
- - Sentencing Levels for Assault and Joint Assault
- - Key Points for the Legal Response in Assault and Joint Assault Cases
- 4. Assault Settlement: Assistance Provided by Daeryun LLC
1. Details of the Assault Settlement Case
The client, who came to the firm seeking representation for an assault settlement and assistance with a joint assault charge, visited the shop of a friend (the complainant) with whom he had a financial dispute, together with another acquaintance, in order to demand the return of money.
During the conversation, emotions became heated, and the client struck the complainant on the cheek and jaw with his hand, and after some time had passed, the friend who had accompanied him also struck the complainant on the head.
The complainant submitted a recording of the entire course of the incident, lasting about 6 hours, and the police proceeded with the investigation on the basis that the two persons' assaults could be charged as joint assault.
Because joint assault is punished more heavily than assault and is not a crime not punishable against the victim's will, the investigation can continue even if the victim does not wish for punishment, and the client expressed significant anxiety.
The client therefore requested the assistance of a criminal law specialist attorney at Daeryun LLC for an assault settlement.
2. Assistance Provided by the Criminal Law Specialist Attorney in the Assault Settlement Case
The criminal law specialist attorney provided assistance in the client's case as follows.
Refuting the Joint Assault Charge
The Daeryun criminal law specialist attorney analyzed the 6-hour recording submitted by the complainant and confirmed that there was a gap of about 1 hour between the time of the client's assault and the time of the friend's assault.
This was a key basis for arguing that the case did not meet the elements of joint assault, namely the same opportunity, mutual awareness, and an accomplice relationship.
In addition, the attorney presented Supreme Court Decision 2013Do4430 and set out the legal principle as follows.
“The phrase ‘where two or more persons jointly commit assault’ under Article 2(2) of the Punishment of Violences Act requires the existence of an accomplice relationship in which the persons, at the same place and on the same occasion, are aware of one another's assault and make use of it to commit the offense.”
On the basis of this provision, the attorney actively argued that only individual assault by the client was established and that joint assault could not be established.
Establishing the Assault Settlement Strategy
Joint assault is not a crime not punishable against the victim's will, but individual assault may be terminated by a decision of no right to prosecute depending on the victim's intention regarding punishment.
The attorney made use of this and promptly proceeded with representation for an assault settlement with the complainant's side.
• Explaining the circumstances of the assault
• Clarifying that it was impulsive conduct arising from a financial dispute
• Conveying a promise to prevent recurrence and a courteous apology
• Supporting the calculation of the settlement amount and the drafting of the settlement document
Daeryun coordinated the assault settlement proposal on behalf of the client, and ultimately succeeded in obtaining a statement of no wish for punishment from the victim.
3. Result of the Assault Settlement Case
Through the assistance of the Daeryun criminal law specialist attorney, the following conclusion was reached.
• Joint assault charge not established → no suspicion of crime
• Assault charge → based on the victim's intention of no wish for punishment, a decision of no right to prosecute (non-prosecution) was issued
In other words, the client was no longer subject to a criminal trial or punishment, an outcome that was possible because the analysis of the legal merits and the assault settlement strategy were both carried out accurately at the same time.
The Concept of Assault and Its Elements
The exercise of physical force against the body itself constitutes assault, and it is established even without actual bodily injury.
There are three elements for the establishment of assault: intent, the exercise of physical force, and infringement of the other party's body.
In addition, a joint assault charge is established only where two or more persons, in the same time and place, are aware of one another's assault and jointly carry it out as accomplices.
The mere fact that several persons each committed assault does not automatically result in joint assault.
Sentencing Levels for Assault and Joint Assault
Category | Punishment Provision | Statutory Penalty |
🔗Assault(crime not punishable against the victim's will) | Article 260 of the Criminal Act | Imprisonment for up to 2 years or a fine of up to 5 million won |
Joint Assault (Punishment of Violences Act) | Article 2 of the Punishment of Violences Act | Imprisonment for up to 3 years or a fine of up to 7.5 million won |
Assault is a crime not punishable against the victim's will, so if the victim expresses an intention that he or she “does not wish for punishment,” the investigation may be terminated.
Even if the records and evidence are unfavorable, the right to prosecute is extinguished once a settlement is reached, so a proactive settlement is very important.
However, where joint assault is also at issue, a process of refuting the joint assault charge through a legal analysis is required separately from the settlement.
Key Points for the Legal Response in Assault and Joint Assault Cases
- Analysis of digital evidence such as recordings and CCTV is essential
- Clearly distinguishing the time, place, and relationship of the actors involved in the assault to determine whether joint assault is established
- For assault, promptly reviewing the possibility of settlement and presenting a settlement proposal as quickly as possible
- Refraining from emotional responses and then organizing the matter through a written opinion from counsel
- Specifying factors such as the financial dispute, the impulsive nature, and mitigating circumstances
- Direct contact with the victim is risky → representation for a settlement through a professional is essential
4. Assault Settlement: Assistance Provided by Daeryun LLC
Daeryun LLC provides the following systematic support in assault and joint assault cases.
• Detailed review of digital evidence such as recordings, CCTV, and mobile phone records
• Representation in settlement with the victim and drafting of the settlement document
• Strategy design making use of the characteristics of a crime not punishable against the victim's will
• Constructing the logic for refuting joint assault and applying Supreme Court precedent
• Accompaniment during police and prosecution questioning and provision of a statement strategy
• Support including recurrence-prevention consulting after the case concludes
Assault may, depending on the circumstances, escalate from simple assault → joint assault → application of the Punishment of Violences Act, so the initial response determines the outcome of the case.
If you are in a similar situation, you may proceed with a 🔗Legal Consultation Reservation and receive the assistance of a professional.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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