CONTENTS
- 1. Special (Aggravated) Assault | Details of the Case
- - What Is Special (Aggravated) Assault?
- 2. Special (Aggravated) Assault | Details of the Assistance
- - Deeply Reflecting and Working to Recover the Harm
- - Mitigating Circumstances as a Diligent Member of Society
- - Demonstration of Legal Disadvantages Arising From Foreign National Status
- 3. Special (Aggravated) Assault | Result of the Assistance, Avoiding an Actual Sentence and Receiving a Suspended Sentence
- - If You Need Assistance
1. Special (Aggravated) Assault | Details of the Case
The client, who was booked on suspicion of special (aggravated) assault, was heading home after work when the vehicle ahead drove excessively slowly, and the client flashed the high beams several times to express an objection.
In response, the vehicle ahead suddenly stopped and then started again, and the client, unable to control his heightened emotions, crossed the center line to overtake, then blocked the front of that vehicle and intentionally braked sharply.
As a result, the other vehicle collided with the rear of the client's vehicle, and the vehicle was damaged to the extent that normal driving was difficult.
The victim immediately reported the matter to the police, and the investigative agency determined that this incident was not a simple traffic accident but an intentional act of assault using a vehicle, which is a dangerous object.
In the end, the client was charged with special (aggravated) assault and special destruction of property, and the case was referred for criminal prosecution.
What Is Special (Aggravated) Assault?
| Special (aggravated) assault is an offense punished more severely than ordinary assault, and it applies to conduct accompanied by force or dangerousness that goes beyond merely inflicting physical violence on the body. |
Special (Aggravated) Assault?
According to Article 261 of the Criminal Act,
a person "who assaults the body of another by displaying the force of a group or a crowd, or by carrying a dangerous object" may be subject to imprisonment for not more than 5 years or a fine not exceeding 10 million won.
In other words, if any one of the following three elements is included, it may be classified not as ordinary assault but as special (aggravated) assault.
① Exercise of the force of a group or a crowd
Even if only one person actually committed the assault, if the remaining persons displayed force, all of them may be punished for special (aggravated) assault. |
② Carrying or use of a dangerous object
This includes not only weapons (such as knives and blunt instruments) but also mobile phones, shoes, glass cups, beer bottles, stones, bricks, and the like, as long as they are objects capable of causing harm to the body. Even without actual use, merely "carrying" such an object may make one subject to the application of special (aggravated) assault. |
③ Intent
What matters is whether there was an intention to inflict assault. The offense is established only where there is a clear intent and act of assault, not a mistake or accidental contact. |
2. Special (Aggravated) Assault | Details of the Assistance
Unlike simple assault, special (aggravated) assault is regarded as a serious offense for which the possibility of an actual sentence cannot be ruled out.
Recognizing the gravity of this matter, the client received the assistance of defense counsel from the early stage and responded actively in the following directions.
Deeply Reflecting and Working to Recover the Harm
The client acknowledged that his emotional conduct had brought about serious consequences, and he showed an attitude of sincere remorse regarding the case as a whole.
During the investigation as well, the client did not evade responsibility but honestly admitted all of the facts, and in order to recover the harm caused to the victim, he paid the full amount of all costs, including medical expenses, vehicle repair costs, and the insurance settlement amount.
These efforts to recover the harm and the attitude of remorse served as important mitigating circumstances in the special (aggravated) assault case.
Mitigating Circumstances as a Diligent Member of Society
The client had until then lived diligently as a member of society with no record of criminal punishment.
It was emphasized that, in a situation where he was responsible for his family's livelihood, the imposition of an actual sentence in this case could cause irreparable harm not only to his daily life but also to the lives of his entire family.
The criminal law attorney actively demonstrated the need to suspend the execution of the sentence, focusing on the client's such background and the low likelihood of reoffending.
Demonstration of Legal Disadvantages Arising From Foreign National Status
In addition, the client was a foreign national, and if a heavy sentence for special (aggravated) assault were to become final, he was in a situation in which serious immigration-related disadvantages could arise in addition to criminal punishment.
The criminal law attorney also demonstrated that, in particular, if an actual sentence were imposed, issues with his residence status could make life with his family itself impossible.
This served not as a simple appeal for leniency but as a factor explaining the realistic and irreparable disadvantages that the weight of the sentence would bring about.
3. Special (Aggravated) Assault | Result of the Assistance, Avoiding an Actual Sentence and Receiving a Suspended Sentence
In the special (aggravated) assault case, the court comprehensively considered the circumstances of the case, the client's intent, whether the harm had been recovered, the attitude of remorse, and the likelihood of reoffending, and as a result, it imposed a suspended sentence instead of an actual sentence, granting an opportunity for rehabilitation within society.
This is a case in which, had the investigation proceeded without an early response to the charge of special (aggravated) assault, the possibility of an actual sentence could not have been ruled out, but through appropriate assistance and a strategic response, the outcome of the case could be substantially mitigated.
If You Need Assistance
Special (aggravated) assault is regarded as a serious offense involving a vehicle, a dangerous object, or the force of a group, and it is a sensitive matter in which whether an actual sentence is imposed may depend on the manner of statements during the early investigation and on whether intent is demonstrated.
Because the more the early response is delayed, the more it can lead to consequences that are difficult to reverse, prompt and professional assistance is essential.
At Daeryun Law Firm, attorneys with experience in investigative agencies and legal practice closely review the key issues from the early stage of a case through trial and assist clients through a strategic response suited to the situation.
If you are facing an investigation or trial on suspicion of special (aggravated) assault, please entrust your case through the 🔗legal consultation reservation.
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.
