[Defense Against Punishment for Special Bodily Injury] Client in a Special Bodily Injury Case Avoids an Actual Sentence and Receives a Suspended Sentence With Daeryun's Assistance

The client and his girlfriend had been living together for about five years.

On the day of the incident, the girlfriend said to the client, who had returned home heavily intoxicated, "Let's break up. Pack your things and leave right now."

The client, who was unable to communicate properly while heavily intoxicated, tried to end the conversation by saying, "Let's talk tomorrow," but the girlfriend shouted, "Get out right now," and began throwing objects at the client.

The client, who was intoxicated and unable to make a rational judgment, became angry at his girlfriend's behavior and committed an impulsive offense.

The client threw a ceramic bowl at his girlfriend's face and then struck her face several times, inflicting injuries on his girlfriend, including a laceration in the philtrum area and a bone fracture in the area of the left eye.

The client, who faced the risk of a heavy punishment, requested a defense against punishment for special bodily injury from Daeryun Law Firm in order to avoid at least an actual sentence.

■ Criminal Act, Article 258-2 (Special Bodily Injury)
A person who commits the crime of bodily injury by displaying the collective power of an organization or a multitude, or by carrying a dangerous object, shall be punished by imprisonment for not less than one year and not more than ten years.

■ Criminal Act, Article 257 (1) (Bodily Injury, Bodily Injury to a Lineal Ascendant)
A person who inflicts bodily injury on another shall be punished by imprisonment for not more than seven years, suspension of qualifications for not more than ten years, or a fine not exceeding 10 million won.

■ Criminal Act, Article 62 (1) (Requirements for a Suspended Sentence)
Where a sentence of imprisonment or imprisonment without labor for not more than three years is to be pronounced, the execution of the sentence may be suspended for a period of not less than one year and not more than five years, where there are grounds worthy of consideration in the circumstances, taking into account the matters in Article 51. However, this shall not apply to a person for whom five years have not passed since the completion of execution of a sentence of imprisonment without labor or a heavier sentence, or since exemption from such execution.

-Daeryun argued that the client's special bodily injury offense had begun with the girlfriend's provocation and that the client had been in a heavily intoxicated state in which a rational judgment was impossible.

-Daeryun emphasized that the client sincerely regrets and is remorseful for having inflicted physical and mental injury on his girlfriend.

-Daeryun emphasized that the client had ordinarily been an exemplary member of society and requested a reduction in the punishment for special bodily injury.

-Daeryun also argued that the girlfriend who suffered the injury does not want the client to be punished.

If you have been involved in special bodily injury, the help of a specialized attorney may be needed.

Because special bodily injury involves using a dangerous object to injure another person, it is judged to be more culpable than ordinary bodily injury, and the courts impose only imprisonment as punishment.

For that reason, without specialized assistance for the defense against punishment for special bodily injury, the likelihood of serving an actual sentence is very high.

Daeryun has experience and know-how handling numerous special bodily injury cases.

If, as in the case above, you have been involved in special bodily injury and need the assistance of a specialized attorney, you may come to Daeryun Law Firm at any time.