First-Time Special Assault Offender | First-Time Special Assault Offender Receives a Suspended Sentence With the Assistance of a Criminal Defense Attorney

On the day of the incident, the client continued drinking with acquaintances until late at night.

After the gathering ended, the heavily intoxicated client, while heading home alone, came to feel a desire to drink more.

He therefore went into a nearby mart and came out after purchasing alcoholic beverages such as soju and beer.

As he was leaving the mart, the client encountered the victims, A and B (hereinafter the victims), who were entering the mart.

The client told the criminal defense attorney that, because he was heavily intoxicated at the time, he did not precisely remember what conversation he had with the victims, but that when he came to his senses, the alcoholic beverages he had purchased lay shattered around the victims, and the victims had suffered serious injuries to their arms and legs.

The client, who thus came to be charged as a first-time special assault offender, was flustered and urgently requested a consultation with the criminal defense attorney.

1) Emphasis on the client's sincere remorse and on the fact that he was a first-time special assault offender

The criminal defense attorney emphasized that, upon confirming through CCTV footage that he had personally thrown the soju and beer bottles at the victims, the client was greatly shocked and was suffering deeply.

Accordingly, the attorney argued that the client sincerely regretted his conduct and had written and delivered letters of apology to the victims on several occasions, expressing his intention to apologize.

The attorney also emphasized that the client was a first-time special assault offender, and submitted a handwritten letter of apology, a pledge of abstinence from alcohol, and a certificate of educational completion, among other materials, to argue that there was no likelihood of reoffending.

2) Highlighting the memory loss caused by the client's underlying illness

The criminal defense attorney obtained the client's medical records and emphasized that the client had ordinarily been suffering from a neurodegenerative disease.

Accordingly, the attorney argued the fact that the client had committed the offense while suffering from the illness, without properly recognizing that he was engaging in wrongful conduct, and appealed for this to be taken into account in sentencing.

3) Submission of petitions from acquaintances

On the basis that the client had worked continuously at the same workplace for approximately 10 years or more without tardiness or negligence, the attorney demonstrated that he was a diligent and conscientious member of society.

In addition, acquaintances who were aware of the client's diligence and conscientiousness submitted petitions stating that they were saddened by his situation and hoped for leniency, thereby encouraging a lenient outcome.

The court carefully considered that the client acknowledged all of his offenses and was deeply remorseful, and that he had continually made efforts to repair the harm.

The court also comprehensively took into account the circumstance that he was a first-time offender, the possibility of impaired judgment due to his underlying illness, and the fact that he had conscientiously maintained his social life over a long period.

Accordingly, the court imposed a suspended sentence rather than an actual custodial sentence.

The client, a first-time special assault offender, had the execution of his sentence suspended and was able to return to society and resume his daily life.

① A group or a number of persons exercising collective force

This refers to a case in which several persons jointly commit an assault, or in which, even without directly participating in the actual assault, the presence of a number of persons exerts collective force upon the victim so as to overpower or threaten the victim.

② Carrying and using a dangerous object

This refers to a case of carrying not only a weapon but also any object capable of harming the body of a person, or of inflicting an assault by using such an object.

③ Intent

There must be awareness and intent to inflict an assault upon the other party, and accidental contact or mere negligence does not fall under this category.

Where special assault is recognized, the offender may be subject to imprisonment for not more than five years or a fine of not more than 10 million won, and in some cases a suspension of qualifications for not more than 10 years may be imposed together.

Here, suspension of qualifications means the restriction, for a certain period, of qualifications such as the qualification to serve as a public official, the right to vote and to stand for election, and the qualification to take charge of the affairs of a corporation.

In addition, because the crime of special assault is not a crime that is punishable only against the victim's will, the investigation continues and punishment may be imposed even if the victim does not wish for punishment.

From the early stage of a case, the criminal defense attorneys at Daeryun LLC precisely analyze the facts and establish a response strategy tailored to the client's situation in providing assistance.

Where necessary, they form a task force of 1 to 20 members, including a certified criminal law specialist attorney, and systematically carry out everything from the response to the investigation and the analysis of evidence to the preparation of sentencing materials.

If you need assistance, please review the specific matter through a 🔗legal consultation reservation.