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Deals & Cases

Joint assault

Daeryun Busan Office Assistance | Client Charged with Joint Assault Defends Against the Charge with a "Non-Prosecution" Outcome with the Assistance of the Daeryun Busan Office

The client who came to the Daeryun Busan office was involved in the crime of joint assault and was in a situation in which it was difficult to avoid punishment.

To respond to this, the client requested assistance from the Daeryun Busan office.

CONTENTS
  • 1. The Client Who Came to the Daeryun Busan Office
    • - How the Client Came to the Daeryun Busan Office
  • 2. Statutes Relevant to the Case, as Explained by the Daeryun Busan Office
  • 3. Assistance Provided by the Daeryun Busan Office
    • - The Daeryun Busan Office Emphasized That the Client Was Showing Remorse
    • - The Daeryun Busan Office Emphasized That the Client Had No History of Delinquency
    • - The Daeryun Busan Office Emphasized That the Client Had Apologized to the Victim
  • 4. The Prosecution's Decision on the Daeryun Busan Office's Arguments
    • - If You Need the Assistance of the Daeryun Busan Office

1. The Client Who Came to the Daeryun Busan Office

The client who came to the Daeryun Busan office was in an argument with the alleged victim and struck the alleged victim's cheek.

In addition, the client, together with a co-suspect, also filmed a video, and the client was in a situation in which it was difficult to avoid punishment.

The parents of the client who came to the Daeryun Busan office,

requested assistance from the Daeryun Busan office, asking that a favorable outcome be sought given that their child's future was at stake.

How the Client Came to the Daeryun Busan Office

The client in this case was a high school student, and was a close friend of the alleged victim.

One day the client began dating a boyfriend, and the client's boyfriend and the alleged victim had been close friends for a long time.

As a result, the relationship between the client and the alleged victim gradually grew distant.

As time passed, the client's boyfriend notified the client of a breakup, citing differences in personality.

Seeing that the boyfriend she had been dating and the alleged victim were still in contact and remained close, the client became angry and began to argue with the alleged victim.

The client, together with a co-suspect, struck the alleged victim's cheek and also filmed a video.

As a result, the client was in a situation in which it was difficult to avoid punishment and requested assistance from the Daeryun Busan office.

2. Statutes Relevant to the Case, as Explained by the Daeryun Busan Office

Together with the Daeryun Busan office, we will examine the sentencing for joint assault.

Statutes Relevant to Joint Assault

[ Statutes Relevant to Joint Assault ]

Criminal Act Article 257 (Infliction of 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 seven years, suspension of qualifications for not more than ten years, or a fine not exceeding ten 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 ten years or a fine not exceeding fifteen million won.
(3) An attempt to commit the crimes under the preceding two paragraphs shall be punished.


Criminal Act Article 258 (Serious Bodily Injury, Serious Bodily Injury to 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 one year but not more than ten years.
(2) A person who, through bodily injury, causes another to suffer a disability or an incurable or hard-to-cure disease shall also be subject to the punishment under the preceding paragraph.
(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 two years but not more than fifteen years.

Criminal Act Article 260 (Assault, Assault against Lineal Ascendant)

(1) A person who commits an assault upon another's body shall be punished by imprisonment for not more than two years, a fine not exceeding five 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 five years or a fine not exceeding seven million won.
(3) The crimes under paragraphs (1) and (2) cannot be prosecuted against the express will of the victim.

※ Where two or more persons jointly commit the above crimes, the punishment prescribed in the relevant provision of the "Criminal Act" shall be increased by up to one half (Article 2 (2)).

3. Assistance Provided by the Daeryun Busan Office

The Daeryun Busan office analyzed the client's case together with the client through a thorough consultation.

Accordingly, the office analyzed the circumstances favorable and unfavorable to the client and systematically devised a strategy.

The Daeryun Busan office emphasized the following points.

The Daeryun Busan Office Emphasized That the Client Was Showing Remorse

The Daeryun Busan office emphasized that the client fully acknowledged this case and was deeply remorseful.

It was emphasized that the client cooperated during the investigation by disclosing the facts in detail,

and that, in order to eliminate at the source any possibility of the distribution of the video filmed together with the co-suspect, the client had reset the mobile phone.

The Daeryun Busan Office Emphasized That the Client Had No History of Delinquency

The Daeryun Busan office noted that, although the client's act of assaulting the victimized student could not be justified,

the office emphasized that, apart from this case, the client had no history whatsoever of assaulting or harassing others and no prior record of delinquency.

The Daeryun Busan Office Emphasized That the Client Had Apologized to the Victim

The Daeryun Busan office emphasized that the client, together with the client's mother, had conveyed an apology to the victim and had been forgiven by the victim.

It was emphasized that the client's family, in order to understand and resolve the issue between peers, were receiving counseling from a specialist and were protecting and supervising the client.

4. The Prosecution's Decision on the Daeryun Busan Office's Arguments

The prosecution accepted the arguments of the Daeryun Busan office and issued a "non-prosecution" disposition.

If You Need the Assistance of the Daeryun Busan Office

Daeryun forms a team of three to twenty attorneys specializing in criminal matters, appropriate to the scale of the case, and presents reasonable and appropriate strategies for criminal cases.

In criminal cases, the initial response is most important. In order to secure the critical early window of a case, the assistance of an attorney specializing in criminal matters can be essential.

If you need the assistance of an attorney specializing in criminal matters, you are welcome to reach out to Daeryun, which operates a system for consultation and prompt response available throughout the year, at any time.

부산법무법인 조력 | 공동폭행 혐의의 의뢰인, 부산법무법인 조력으로 ‘불기소’ 방어

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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