CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Jeju Attorney Office
- 2. Statutes Concerning the Case, Explained by the Jeju Attorney Office
- 3. The Jeju Attorney Office's Assistance
- - Jeju Attorney Office Argues That the Client Is Sincerely Remorseful
- - Jeju Attorney Office Argues That the Client Is a First-Time Offender
- - Jeju Attorney Office Argues That the Client Made a Criminal Deposit
- 4. The Court's Decision on the Jeju Attorney Office's Arguments
- - If You Need the Jeju Attorney Office's Assistance
1. The Client's Situation
The client assaulted the victim with a spray can about 22 cm long and was in a position to receive an actual (custodial) sentence.
Wishing to reduce the sentence as much as possible with an attorney's assistance, the client came to the Jeju attorney office.
How the Client Came to the Jeju Attorney Office
The client in this case was discussing living together with the victim, his girlfriend, when a difference of opinion arose and they began to quarrel.
As the quarrel gradually intensified and the client was displeased with the girlfriend's attitude, he could not contain his anger.
He then struck the victim on the head with a spray can about 22 cm long that was placed in the living room, inflicting an injury requiring about 3 weeks of treatment.
Because the method and nature of the offense, as well as the degree of the injury caused to the victim, were not minor, the client was in a position where it was difficult to avoid an actual (custodial) sentence.
Hoping to avoid an actual (custodial) sentence, the client requested help from the Jeju attorney office.
2. Statutes Concerning the Case, Explained by the Jeju Attorney Office
Special (Aggravated) Bodily Injury
Criminal Act Article 258-2 (Special Bodily Injury)
A person who commits the crime of bodily injury by displaying the collective force of a group or multitude, or while carrying a dangerous object, shall be punished by imprisonment for not less than 1 year and not more than 10 years.
Criminal Act Article 257(1) (Bodily Injury, Bodily Injury to a Lineal Ascendant)
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.
Criminal Act Article 62(1) (Requirements for a Suspended Sentence)
When a sentence of imprisonment or imprisonment without labor for not more than 3 years is to be imposed, if there are grounds worthy of consideration in light of the matters set forth in Article 51, execution of the sentence may be suspended for a period of not less than 1 year and not more than 5 years. However, this shall not apply to a person for whom 5 years have not elapsed since the completion or exemption of execution of a sentence of imprisonment without labor or a heavier sentence.
3. The Jeju Attorney Office's Assistance
The Jeju attorney office conducted a thorough consultation with the client and reviewed the favorable and unfavorable circumstances.
It then devised a suitable resolution strategy and assisted the client accordingly.
Jeju Attorney Office Argues That the Client Is Sincerely Remorseful
The Jeju attorney office argued that the client acknowledged all of the facts of the offense, deeply repented and wrote a letter of apology, and had not contacted or approached the victim in any way after the incident.
Jeju Attorney Office Argues That the Client Is a First-Time Offender
The Jeju attorney office argued that, before this incident, the client had no prior record of the same kind and had never been involved in any crime, making him a first-time offender, and that the harm caused to the victim in this case was somewhat impulsive.
Jeju Attorney Office Argues That the Client Made a Criminal Deposit
The Jeju attorney office argued that the client expressed feelings of remorse toward the victim and, as a gesture of apology and remorse for his wrongdoing, made a criminal deposit of a substantial amount.
4. The Court's Decision on the Jeju Attorney Office's Arguments
The court, accepting the Jeju attorney office's arguments, issued a 'suspended sentence'.
If You Need the Jeju Attorney Office's Assistance
In criminal cases, the initial response is very important.
To secure the critical early window in a criminal case, the assistance of an attorney experienced in criminal matters can be helpful.
Daeryun Law Firm forms a team of attorneys experienced in criminal matters and presents reasonable and appropriate strategies for criminal cases.
It also operates a system capable of consultation and prompt response 365 days a year, 24 hours a day.
If you need an attorney's assistance, you may reach out to Daeryun Law Firm at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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