CONTENTS
- 1. The Situation of a Client Suspected of Special (Aggravated) Bodily Injury
- 2. What Assistance Was Provided to Avoid Punishment for Special (Aggravated) Bodily Injury?
- - Organizing the Circumstances of the Assault
- - Reviewing the Judgment on the Dangerousness of the Mobile Phone
- - Submission of the Victim Settlement Materials
- - Preparation of Materials to Prevent Reoffending
- 3. What Was the Result of the Assistance Regarding the Special (Aggravated) Bodily Injury Suspicion?
- 4. The Elements of Special (Aggravated) Bodily Injury and the Level of Punishment
- - Frequently Asked Questions From Clients
1. The Situation of a Client Suspected of Special (Aggravated) Bodily Injury
The client, who came to be suspected of special (aggravated) bodily injury, had an argument with a customer over a payment-guidance matter while working at a convenience store.
At the time, although the client had guided the customer several times by saying “the payment has been completed,” the customer showed no particular reaction.
The client, thinking that the customer had not heard the guidance, said it again in a slightly louder voice.
The customer then took this as offensive and used abusive language, and because the client had also accumulated feelings of being disregarded by the customer, the client responded in kind with abusive language.
In that process, the client came to strike the customer with a mobile phone, and on that basis the customer asserted a suspicion of special (aggravated) bodily injury.
Worried that the client might receive a heavy punishment, the client came to a criminal defense lawyer.
2. What Assistance Was Provided to Avoid Punishment for Special (Aggravated) Bodily Injury?
In the special (aggravated) bodily injury case, the criminal defense lawyer requested leniency from the investigative authorities on the basis of the client's statement, whether the mobile phone was dangerous, efforts to prevent reoffending, and the materials on settlement with the victim.
Organizing the Circumstances of the Assault
The client had, for some time, been subjected to abusive language and disparaging remarks from the customer in question.
On the day of the incident as well, the customer first used abusive language, taking issue with the payment guidance, and provoked the client.
In this regard, the criminal defense lawyer explained that the client had not assaulted the customer in a planned manner, but had committed the assault after being momentarily agitated by the repeated provocation.
Reviewing the Judgment on the Dangerousness of the Mobile Phone
Because the client had struck the customer with a mobile phone, the customer asserted that this was not a simple assault but a case of special (aggravated) bodily injury involving the use of a dangerous object.
In response, the criminal defense lawyer explained, on the basis of Seoul Central District Court Decision 2024No954, June 18, 2024, that the use of a mobile phone is not immediately assessed as the use of a dangerous object.
In that decision as well, although it was recognized that the defendant had struck the victim's head with a mobile phone, the court judged that, considering the form and condition of the mobile phone, whether it was damaged, and the intensity of the blows, this was insufficient to conclude that it was a dangerous object.
Based on this standard, the criminal defense lawyer reviewed the CCTV and explained that the mobile phone had not been used to a degree that would pose a significant danger to the victim's body.
Submission of the Victim Settlement Materials
After the incident, the client paid a settlement amount to the victim and made efforts toward recovery of the harm.
In addition, the victim also prepared a statement of no wish for punishment, indicating that the victim did not want the client to be punished.
In response, the criminal defense lawyer submitted the settlement agreement, the statement of no wish for punishment, and the record of payment, and explained that the client had earnestly made efforts toward recovery of the harm and that the victim had also shown an intention of leniency.
Preparation of Materials to Prevent Reoffending
The client reflected on his conduct and attended law-abiding awareness education.
Family members and acquaintances also prepared petitions stating that the client's everyday attitude was good and that the concern about reoffending was low.
The criminal defense lawyer submitted these materials together and explained that the client was sincerely remorseful and was seeking not to repeat the same conduct.
3. What Was the Result of the Assistance Regarding the Special (Aggravated) Bodily Injury Suspicion?
In the special (aggravated) bodily injury case, the investigative authorities comprehensively reviewed the circumstances in which the incident occurred, the dangerousness of the assault, the settlement with the victim, and the client's attitude of remorse and efforts to prevent reoffending.
As a result, the client was able to receive a suspension of indictment.
4. The Elements of Special (Aggravated) Bodily Injury and the Level of Punishment
In special (aggravated) bodily injury cases, whether a dangerous object was used, whether bodily injury to the victim resulted because of that object, and whether there was intent at the time of the assault are reviewed as important matters.
From the suspect's standpoint, it is necessary to organize the course of the incident in concrete terms through CCTV, the medical certificate, the condition of the mobile phone, the content of the conversation at the time, the settlement materials, and the materials showing remorse.
In this case as well, the criminal defense lawyer reviewed in turn whether the mobile phone had been used like a dangerous object and whether it could be regarded as having been done with intent, and as a result was able to obtain a suspension of indictment.
Frequently Asked Questions From Clients
Q. In a special (aggravated) bodily injury case, does the case end immediately if a settlement is reached with the victim?
A. No. Special (aggravated) bodily injury is not a crime that cannot be punished against the victim's will, so the investigation may continue even if the victim does not wish for punishment. However, the settlement agreement and the statement of no wish for punishment can be important sentencing materials when the disposition is determined.
Q. What should be prepared before the police questioning in a special (aggravated) bodily injury case?
A. You should organize the CCTV, on-site photographs, medical certificate, content of the conversation, witness statements, and settlement materials, and review in advance which parts you will acknowledge or explain.
Special (aggravated) bodily injury cases often require consideration not only of criminal punishment but also of the settlement with the victim and the issue of damages.
In this regard, Daeryun, the ninth-largest law firm in Korea (based on 2025 value-added tax filings with the National Tax Service) has criminal and civil lawyers work together to review the handling of the settlement with the victim, the response to a claim for damages, and the direction of the statement in the police questioning.
If you need assistance, 🔗reserve a legal consultation to have the facts organized and the direction of your response reviewed.
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