Self-Defense Against Assault | Client Cleared of False Mutual Assault Charge with an Acquittal

While the client was driving through an alley at night, Mr. A, a pedestrian, blocked the vehicle and provoked him, saying, "Why are you driving like that?"

The client tried to ignore him and drive on, but Mr. A suddenly approached the driver's side, reached his hand into the vehicle, and assaulted the client's girlfriend.

When the client got out of the car to stop this, Mr. A choked the client, who had a history of severe asthma, and the client, acting in self-defense, pushed Mr. A's arm away and grabbed him by the throat.

Although both the client and his girlfriend sustained injuries from this incident, they were instead treated as suspects in a mutual assault case and subjected to a police investigation.

Following the inquiry regarding whether self-defense against assault would be recognized, the attorney provided legal assistance in order to establish the client's innocence by combining objective evidence.

The attorney analyzed and organized evidence such as dashcam footage, medical certificates of injury documenting the harm suffered by the client and his girlfriend, and receipts proving the damage to the vehicle.

The attorney maintained careful communication to help ease the anxiety of the client, who felt psychologically unsettled at being implicated in an assault case, and also connected him with a psychological counseling center.

The attorney specializing in assault cases emphasized that the client's conduct toward Mr. A was carried out in self-defense and did not constitute the crime of assault, and that the client was in fact the victim of a one-sided assault.

The attorney further argued that this constituted self-defense against assault, as the client had merely restrained Mr. A's continued assault until the police arrived.

Under Article 5-10 of the Act on Aggravated Punishment of Specific Crimes, the law imposes severe punishment on conduct that threatens the safety of a driver, passengers, or pedestrians by exercising violence against the driver of a vehicle in operation.

In this case, because Mr. A exercised violence against the client while the client was operating a vehicle, the attorney argued that a violation of the Act on Aggravated Punishment of Specific Crimes (assault against a driver) should be applied and that Mr. A should be punished accordingly.

Through a thorough analysis of the facts, the attorney specializing in assault cases clearly demonstrated that the client had not engaged in mutual assault against Mr. A.

The attorney further argued, as a matter of legal principle, that even if the client had exercised some degree of physical force against Mr. A, this constituted self-defense carried out under unavoidable circumstances.

By comprehensively reconstructing the circumstances at the time, the attorney emphasized that the client and his girlfriend were the victims of a far more serious assault, and proved the harm suffered by the client by securing and submitting objective evidence that the vehicle had also been damaged and had incurred repair costs.

Under Article 260 of the Criminal Act, the level of punishment for the crime of assault is imprisonment for not more than two years, a fine not exceeding five million won, detention, or a minor fine.

If the assault results in bodily injury serious enough to warrant a medical certificate, it constitutes the crime of infliction of bodily injury and is punishable by imprisonment for not more than seven years or a fine not exceeding ten million won.

The punishment may be aggravated where the offender has a prior criminal record, where the assault is severe, where the assault is retaliatory or persistent, where the target is a socially vulnerable person, or where the assault occurs during the execution of official duties.

Even where assault has been committed, it is not subject to punishment if it qualifies as self-defense.

There are three requirements for establishing self-defense, set out below.

If the response exceeds the level of defense, there is also a possibility of being punished for excessive self-defense.

In a situation of conflict, an emotional reaction, an assault that exceeds the level of defense, or conduct that reveals intent rather than accident may result in implication in the crime of assault.

In a case such as this one, objective evidence had been secured, which led to a favorable result.

Accordingly, it must be possible to confirm through objective evidence whether the other party committed assault first, and a clear explanation of one's own defensive act is necessary.

In addition, unlike simple assault, a case involving a medical certificate may extend to the crime of infliction of bodily injury, so a prompt assessment at an early stage is necessary.

If you have been implicated in a matter related to the crime of assault, we encourage you to seek legal advice through a 🔗Legal Consultation Booking.