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Special (aggravated) bodily injury

[Suspended Sentence for Special Bodily Injury] A Suspended Sentence for Special Bodily Injury Despite Having Caused Injury With a Dangerous Object

This is the story of a client who came to Daeryun Law Firm (LLC) to obtain a suspended sentence for special bodily injury. The client reportedly had a dispute with a spouse who had fallen into a cult and neglected the household.

CONTENTS
  • 1. Visited Daeryun to Obtain a Suspended Sentence for Special Bodily Injury
  • 2. A Suspended Sentence for Special Bodily Injury Requires Favorable Sentencing Factors
  • 3. Daeryun Argued for a Suspended Sentence for Special Bodily Injury
  • 4. Court Considered All Sentencing Factors and Ruled a Suspended Sentence for Special Bodily Injury

1. Visited Daeryun to Obtain a Suspended Sentence for Special Bodily Injury

The client who visited Daeryun to obtain a suspended sentence for special bodily injury reportedly assaulted a spouse with a dangerous object and caused an injury requiring five weeks of treatment.

The client, however, had unavoidable circumstances. The client's spouse was absorbed in a cult and neglected the household, and was also indifferent to the upbringing of their minor children.

At the time of the incident, the spouse went so far as to stay out overnight to engage in religious activities without even telling the family, and the client, unable to endure this, resorted to violence.

2. A Suspended Sentence for Special Bodily Injury Requires Favorable Sentencing Factors

The special bodily injury applied to the client is an offense that carries a high sentence when the charge is established. The client, who wished to obtain a suspended sentence for special bodily injury, came straight to Daeryun.

Daeryun decided to gather favorable sentencing factors and establish a strategy so that the client could obtain a suspended sentence for special bodily injury.

Looking at the Laws on Special Bodily Injury

Let us look at the laws on special bodily injury. The client wished for a suspended sentence for special bodily injury, but the situation was difficult because a charge of special bodily injury carries a heavy sentence.

Criminal Act

Article 257 (Bodily injury, bodily injury to a lineal ascendant)

① A person who inflicts bodily injury upon another shall be subject to imprisonment for up to seven years, suspension of qualifications for up to ten years, or a fine of up to 10 million won.

② A person who commits the offense under paragraph (1) against his or her own or a spouse's lineal ascendant shall be subject to imprisonment for up to ten years or a fine of up to 15 million won.

Article 258-2 (Special bodily injury)

① A person who, by displaying the power of a group or multitude or by carrying a dangerous object, inflicts bodily injury upon his or her own or a spouse's lineal ascendant or upon the body of another, or who commits the offense under paragraph (2), shall be subject to imprisonment for a definite term of at least one year but not more than ten years.

② A person who, by displaying the power of a group or multitude or by carrying a dangerous object, inflicts bodily injury upon the body of another and thereby creates a danger to life shall be subject to imprisonment for a definite term of at least two years but not more than twenty years.

Article 260 (Assault, assault against a lineal ascendant)

① A person who commits assault against the body of another shall be subject to imprisonment for up to two years, a fine of up to 5 million won, detention, or a minor fine.

② A person who commits the offense under paragraph (1) against his or her own or a spouse's lineal ascendant shall be subject to imprisonment for up to five years or a fine of up to 7 million won.

Article 261 (Special assault)
A person who, by displaying the power of a group or multitude or by carrying a dangerous object, commits assault against the body of another shall be subject to imprisonment for up to five years or a fine of up to 10 million won.

3. Daeryun Argued for a Suspended Sentence for Special Bodily Injury

Through detailed consultations with the client, Daeryun Law Firm formed a specialized attorney team made up of several specialists with extensive experience in special bodily injury cases.

Daeryun's specialized attorney team emphasized that the defendant was a diligent worker with no risk of reoffending, that he had divorced the victim and reached an amicable settlement, and that the defendant was the primary caregiver of the minor children, and argued that a suspended sentence for special bodily injury should be imposed.

The Victim Who Neglected the Household After Falling Into a Cult

As a reason for arguing for a suspended sentence for special bodily injury, Daeryun pointed to the fact that the victim had fallen into a cult and neglected the household.

The victim did not hold a job and also neglected the household chores, and as a result of the victim's conduct, the family's circumstances deteriorated.

The Victim Who Also Neglected Child-Rearing for Years While Absorbed in Religion

As a reason for arguing for a suspended sentence for special bodily injury, Daeryun also emphasized that the victim had fallen into religion and neglected child-rearing.

The victim did not care for the minor children, who still needed looking after.

Conflict With the Victim Led to This Incident

As a reason for arguing for a suspended sentence for special bodily injury, Daeryun emphasized that the defendant had been in conflict with the victim and that this led to the incident.

It was confirmed that the defendant had endured the victim's religious activities for years.

4. Court Considered All Sentencing Factors and Ruled a Suspended Sentence for Special Bodily Injury

The court accepted the arguments of the specialized attorney of Daeryun Law Firm and ruled a suspended sentence for special bodily injury, stating, “The defendant is sentenced to eight months of imprisonment. The execution of the above sentence is, however, suspended for two years from the date this judgment becomes final.”

Daeryun Law Firm operates a Criminal Group, in which veteran specialists in the criminal field form teams according to the scale of the case and handle the matter.

In addition, the Evidence Investigation, Digital Forensics, and Security Groups directly collect and analyze evidence that is difficult for an individual to gather, and carry this through to its use in trial.

A group of 3 to 20 legal professionals in fields such as criminal law and evidence investigation provides defense tailored to the client, so if you need help, you may receive the assistance of Daeryun's Criminal Group at any time.

[특수상해집행유예] 위험한 물건으로 상해 입혔으나 특수상해집행유예

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.

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