CONTENTS
- 1. The Client Who Came to the Gunsan Law Firm: What Was the Reason?
- - The Circumstances at the Time of the Incident as Understood by the Gunsan Law Firm
- - Statutes Concerning Assault and Self-Defense Explained by the Gunsan Law Firm
- 2. Daeryun, the Gunsan Law Firm, and Its Assistance for the Client
- - Gunsan Law Firm: The Client's Conduct Falls Under a Ground Precluding Unlawfulness, so the Crime of Assault Is Not Established
- - Gunsan Law Firm: The Client's Husband Expressed an Intention Not to Seek Punishment
- - Gunsan Law Firm: The Client's Husband Had Habitually Engaged in Violence and Threats
- 3. Gunsan Law Firm Succeeds in Obtaining a Non-Disposition Decision by Assisting the Client
- - Assault Arising From a Marital Dispute: Assistance From an Attorney Specializing in This Area Should Be Obtained
1. The Client Who Came to the Gunsan Law Firm: What Was the Reason?
The client, who visited Daeryun in search of the Gunsan law firm, was severely assaulted during an argument with the husband, who pushed the client to the floor and struck the client in the side, among other acts. In an attempt to defend against this, the client grabbed the other party's arm, and the client was reported to the police for mutual assault by the husband.
The Circumstances at the Time of the Incident as Understood by the Gunsan Law Firm
The Gunsan law firm heard from the client about the detailed circumstances at the time of the incident.
The client's husband had committed serious domestic violence, including countless instances of verbal abuse, since the marriage.
In the course of this, the client had a heated argument with the husband, and during the argument the husband pushed the client, causing the client's head to strike the floor.
In order to get back up, the client grabbed the husband's neck and arm.
When the client then tried to flee to a room, the husband struck the client in the side with his fist, and due to severe pain the client went to a hospital for treatment and received a diagnosis that three weeks of rest were required for general contusions.
The client reported the husband to the police for assault, but the husband stated that his hand had been scratched and that the matter therefore amounted to ‘mutual assault,’ and the police were treating it as mutual assault. |
The client therefore visited the Gunsan law firm to retain an attorney specializing in this area in order to argue that no assault had been committed.
Statutes Concerning Assault and Self-Defense Explained by the Gunsan Law Firm
The Gunsan law firm explained to the client the statutes concerning the assault charge applied to the client and the statutes for asserting self-defense.
▣ Criminal Act Article 260 (Assault, Assault Against a Lineal Ascendant) (1) A person who commits assault against the body of another shall be punished by imprisonment with labor for not more than two years, a fine not exceeding five million won, detention, or a minor fine. |
▣ Criminal Act Article 21 (Self-Defense) (1) An act that is performed to defend one's own or another person's legal interest against a present unjust infringement is not punishable when there are reasonable grounds for the act. (2) When a defensive act has exceeded the proper limits, the punishment may be mitigated or remitted according to the circumstances. |
2. Daeryun, the Gunsan Law Firm, and Its Assistance for the Client
Daeryun, the Gunsan law firm, made the following arguments in order to obtain a finding of no suspicion of crime regarding the client's assault charge.
Gunsan Law Firm: The Client's Conduct Falls Under a Ground Precluding Unlawfulness, so the Crime of Assault Is Not Established
The Supreme Court has held, regarding the requirements for the establishment of a justifiable act, that ‘where an act satisfies such requirements as the legitimacy of its motive or purpose, the reasonableness of its means or method, the balance of legal interests between the interest protected and the interest infringed, urgency, and the supplementary nature of the act in that no other means or method was available, the act constitutes a justifiable act.’ (Supreme Court Judgment 2004Do8530)
The client's scratching of the husband's arm at the time of the incident was an act to defend against the husband's unilateral assault.
Accordingly, because the unlawfulness is precluded as a defensive act against an unjust infringement, the firm argued that the crime of assault is not established.
Gunsan Law Firm: The Client's Husband Expressed an Intention Not to Seek Punishment
The client's husband expressed an intention not to seek punishment of the client.
Because assault is a crime not punishable against the victim's will*, the firm argued that this constitutes a ground for dismissal of prosecution.
* Crime not punishable against the victim's will : A crime not punishable against the victim's will refers to a crime for which, where the victim expresses an opinion that he or she does not want the offender to be punished, the prosecutor cannot institute prosecution, that is, a crime that cannot be punished.
Gunsan Law Firm: The Client's Husband Had Habitually Engaged in Violence and Threats
The client's husband had frequently become angry with and assaulted the client and the children.
Moreover, after this incident, the husband threatened the client by saying ‘I will withdraw the complaint if you leave the house,’ and he continued to create fear by shouting and similar behavior.
In light of these circumstances, the firm argued that it was unjust to apply mutual assault between the client and the husband to the client.
3. Gunsan Law Firm Succeeds in Obtaining a Non-Disposition Decision by Assisting the Client
The Gunsan law firm was able to obtain a non-disposition decision because it emphasized that, given that the client's act was intended to defend against the husband's assault, the crime of assault did not apply.
Assault Arising From a Marital Dispute: Assistance From an Attorney Specializing in This Area Should Be Obtained
It is not uncommon for marital disputes to escalate in severity and develop into criminal cases.
Even if a matter begins as a minor argument, it can be punished severely as assault, bodily injury, or the like, and because the level of punishment for such offenses is high, it is difficult to avoid heavy punishment once a charge is applied.
Therefore, rather than dismissing the matter as a mere marital dispute, it is necessary to obtain the assistance of an attorney specializing in this area as soon as a charge is raised.
At Daeryun, an attorney specializing in this area, with substantial experience handling related cases, assists clients facing similar difficulties, so if you need assistance, please visit the Gunsan law firm, Daeryun's Gunsan office, at any time.
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