CONTENTS
- 1. The Client Who Urgently Came to the Criminal Defense Attorney
- - The Client Who Shared the Inter-Floor Noise Conflict During the Consultation with the Criminal Defense Attorney
- - The Issues in This Case as Analyzed by the Criminal Defense Attorney
- - The Sentencing for Joint Assault as Explained by the Criminal Defense Attorney
- 2. The Criminal Defense Attorney: “A Case in Which the Suspect Is Rather the Victim”
- - The Criminal Defense Attorney Establishes That the Complainants Assaulted the Suspect First
- - The Criminal Defense Attorney Emphasizes That the Suspect Was Struck by the Complainants and Taken to the Hospital
- - The Criminal Defense Attorney: The Suspect Suffered Considerable Psychological Shock from This Case
- 3. Prosecution Accepts Criminal Attorney's Argument and Issues Non-Prosecution Decision for No Suspicion of Crime
1. The Client Who Urgently Came to the Criminal Defense Attorney
The client in this case, who urgently came to the criminal defense attorney, became involved in a criminal case due to a conflict with a neighboring household, and wished to clear the charge with the assistance of the attorney.
The client emphasized to the criminal defense attorney that the client had been assaulted while quarreling with the residents of the neighboring household.
In order to hear a detailed explanation of this matter, the criminal defense attorney decided to conduct an in-depth consultation.
The Client Who Shared the Inter-Floor Noise Conflict During the Consultation with the Criminal Defense Attorney
During the consultation with the criminal defense attorney, the client shared that the client had a conflict with the complainants, who lived in the unit below, over inter-floor noise.
The complainants claimed that the client had struck them.
However, the client had not assaulted the complainants and felt deeply aggrieved. The client entrusted the case to the criminal defense attorney and requested that the attorney resolve this sense of injustice.
The Issues in This Case as Analyzed by the Criminal Defense Attorney
The issue in this case, as analyzed by the criminal defense attorney, was that the client had not used violence against the complainants.
On the contrary, the client had been assaulted by the complainants and suffered bodily injury. As there had been an inter-floor noise issue prior to the incident, sufficient explanation of this aspect was necessary.
The criminal defense attorney promised to respond promptly to the joint assault charge applied to the client.
The Sentencing for Joint Assault as Explained by the Criminal Defense Attorney
Let us examine the sentencing for joint assault together with the criminal defense attorney.
Statutes Relevant to Joint Assault
Article 257 of the Criminal Act (Bodily Injury, Bodily Injury to a Lineal Ascendant) (1) A person who inflicts bodily injury upon another shall be punished by imprisonment for not more than 7 years, suspension of qualifications for not more than 10 years, or a fine of not more than 10 million won.
(2) A person who commits the crime under paragraph (1) against his or her own or a spouse's lineal ascendant shall be punished by imprisonment for not more than 10 years or by a fine of not more than 15 million won.
(3) An attempt to commit the crimes under the preceding two paragraphs shall be punished.
Article 258 of the Criminal Act (Serious Bodily Injury, Serious Bodily Injury to a Lineal Ascendant) (1) A person who inflicts bodily injury upon another and thereby causes danger to life shall be punished by imprisonment for not less than 1 year and not more than 10 years.
(2) The same punishment as in the preceding paragraph shall apply to a person who, through bodily injury, causes another to suffer a disability or an incurable or hard-to-cure disease.
(3) A person who commits the crimes under the preceding two paragraphs against his or her own or a spouse's lineal ascendant shall be punished by imprisonment for not less than 2 years and not more than 15 years.
Article 260 of the Criminal Act (Assault, Assault Against a Lineal Ascendant) (1) A person who commits assault against the body of another shall be punished by imprisonment for not more than 2 years, a fine of not more than 5 million won, detention, or a minor fine.
(2) A person who commits the crime under paragraph (1) against his or her own or a spouse's lineal ascendant shall be punished by imprisonment for not more than 5 years or by a fine of not more than 7 million won.
(3) The crimes under paragraphs (1) and (2) may not be prosecuted against the express will of the victim.
2. The Criminal Defense Attorney: “A Case in Which the Suspect Is Rather the Victim”
Through thorough consultation with the client, Daeryun formed a criminal defense attorney team consisting of multiple specialists with extensive experience in joint assault cases.
The Daeryun criminal defense attorney team argued that the suspect was a victim who had been assaulted unilaterally by the complainants.
The criminal defense attorney team also submitted various items of evidence to support this.
The Criminal Defense Attorney Establishes That the Complainants Assaulted the Suspect First
The criminal defense attorney argued that, in this case, the complainants assaulted the suspect first, and that the suspect's party only tried to stop them and never used any violence.
The criminal defense attorney then stated that this could be confirmed through CCTV and other means, and submitted various items of evidence.
The Criminal Defense Attorney Emphasizes That the Suspect Was Struck by the Complainants and Taken to the Hospital
The criminal defense attorney emphasized that, due to the complainants' assault, the suspect suffered a serious bodily injury and was taken to the hospital. Along with this, the attorney submitted the suspect's medical records and other materials.
The Criminal Defense Attorney: The Suspect Suffered Considerable Psychological Shock from This Case
The criminal defense attorney stated that the suspect suffered psychological shock from this case and is receiving hospital treatment.
The criminal defense attorney emphasized that the suspect had suffered for years from the inter-floor noise conflict, and that the suspect, having even been charged in this case due to the complainants' unreasonable claims, is now expressing distress.
3. Prosecution Accepts Criminal Attorney's Argument and Issues Non-Prosecution Decision for No Suspicion of Crime
Accepting the argument of the criminal attorney at Daeryun Law Firm, the prosecution issued a non-prosecution decision, stating that “the suspect is not subject to suspicion due to insufficient evidence.”
Daeryun Law Firm handles entrusted cases through its litigation system, which the firm has built on the basis of numerous prior cases.
At Daeryun, depending on the matter, a task force of three to twenty legal professionals is formed to handle the case. If you would like one-stop legal services from these professionals, you are welcome to contact us at any time.
![[형사사건변호사 불기소 방어사례] 형사사건변호사, 층간소음 갈등으로 공동폭행 혐의 적용된 의뢰인 조력해 검찰 단계 종결 성공](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240701024027396.webp&w=828&q=100 "공동폭행 불기소")
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.
