Uijeongbu Criminal Attorney | Client Sentenced to Imprisonment for Special Assault Obtains Reduction to a Suspended Sentence on Appeal

When a police officer performing security duties in a security zone near the Blue House asked the client to stop his bicycle,

the client ignored the officer's instruction and rammed the officer directly, becoming involved in the crime of special assault.

The client instead blamed the victim and offered only explanations that were difficult to accept.

In addition, using defects in a studio apartment he had purchased as a pretext, the client filed numerous complaints against the affected company and extorted 20 million won.

Because the client's method of committing the offense was egregious and the harm suffered by the affected company and its employees was serious, the client was sentenced to an actual custodial sentence in the original judgment.

The client had a record of being punished several times for violent offenses, including a suspended sentence of imprisonment, and was therefore in a highly unfavorable situation.

How did the Uijeongbu criminal attorney resolve the case?

■ Special Assault

Article 257 (Bodily Injury, Bodily Injury to 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 not exceeding 10 million won.

② A person who commits the crime under Paragraph 1 against his own or his spouse's lineal ascendant shall be punished by imprisonment for not more than 10 years or a fine not exceeding 15 million won.

Article 258-2 (Special Bodily Injury)

① A person who, by demonstrating the collective force of a group or multitude or by carrying a dangerous object, against his own or his spouse's lineal ascendant or

another person inflicts bodily injury, or commits the crime under Paragraph 2, shall be punished by imprisonment for not less than 1 year and not more than 10 years.

② A person who, by demonstrating the collective force of a group or multitude or by carrying a dangerous object, inflicts bodily injury upon another

and thereby creates a danger to life shall be punished by imprisonment for not less than 2 years and not more than 20 years.

Article 260 (Assault, Assault on 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 not exceeding 5 million won, detention, or a minor fine.

② A person who commits the crime under Paragraph 1 against his own or his spouse's lineal ascendant shall be punished by imprisonment for not more than 5 years or a fine not exceeding 7 million won.

Article 261 (Special Assault)

A person who, by demonstrating the collective force of a group or multitude or by carrying a dangerous object, commits assault against the body of another shall be punished by

imprisonment for not more than 5 years or a fine not exceeding 10 million won.

■ Extortion

Article 350 (Extortion)
① A person who, by extorting another, takes delivery of property or acquires a pecuniary benefit shall be punished by imprisonment for not more than 10 years or a fine not exceeding 20 million won.
② The preceding paragraph shall also apply to a person who, by the method in the preceding paragraph, causes a third party to take delivery of property or to acquire a pecuniary benefit.

Article 351 (Habitual Offender)

A person who habitually commits the crimes under Articles 347 through the preceding Article shall have the punishment prescribed for such crime increased by up to one half.

Article 352 (Attempt)

An attempt to commit the crimes under Articles 347 through 348-2, 350, and 351 shall be punished.

The Uijeongbu criminal attorney emphasized that the client felt boundless guilt over having committed

such a shameful offense against police officers who devote and dedicate themselves to the nation and its citizens,

and that, in deep remorse, he had submitted letters of apology on several occasions.

The Uijeongbu criminal attorney emphasized that the client conveyed his apology to the police officer who was the victim of the special assault and made efforts toward compensation for the recovery of the harm,

and that he paid a settlement of approximately 20 million won to the company that was the victim of the extortion and reached an amicable settlement with the affected company.

The Uijeongbu criminal attorney emphasized that the client suffers from myelodysplastic syndrome and

is currently in a condition requiring very close care and treatment,

and that the client is in circumstances where serious health problems could arise if an actual custodial sentence were to become final.

At Daeryun Law Firm, attorneys specializing in criminal matters jointly handle and carry out criminal cases.

The firm also operates a system that provides consultations and responses 365 days a year, 24 hours a day.

If you wish to proceed with a case alongside an attorney specializing in this area in a situation similar to this case, you are welcome to contact the Uijeongbu criminal attorney at any time.