CONTENTS
- 1. The Client's Situation
- - Background to the Case
- 2. Statutes Relevant to the Case, as Explained by the Jinju Law Firm
- 3. The Assistance Provided by the Jinju Law Firm
- - Jinju Law Firm Argues That There Is No Connection Between the Assault and the Injury
- - Jinju Law Firm Argues That the Client Is Sincerely Remorseful
- - Jinju Law Firm Argues That the Client Poses No Risk of Reoffending
- 4. The Court's Decision on the Jinju Law Firm's Arguments
- - If You Need the Assistance of the Jinju Law Firm
1. The Client's Situation
The client was charged after assaulting the victim.
Seeking to reduce the sentence as much as possible, the client requested a consultation with an attorney at the Jinju law firm.
Background to the Case
While holding his father's funeral at a funeral hall, the client became embroiled in a dispute with the victim, his wife, over the matter of inheritance.
Because the disagreement between the client and his wife was severe, the argument grew increasingly heated.
Unable to contain his anger, the client grabbed the victim by the hair, pressed down on her with force, and then repeatedly struck the victim on the head, chest, and shoulders.
The victim filed a complaint against the client, claiming that the assault had caused her an acute compression fracture.
Facing the prospect of a severe sentence, the client requested assistance from the Jinju law firm.
2. Statutes Relevant to the Case, as Explained by the Jinju Law Firm
Criminal Act Article 257 (Bodily Injury, Bodily Injury on Lineal Ascendant)
(1) A person who inflicts bodily injury on 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 on Lineal Ascendant)
(1) A person who inflicts bodily injury on another and endangers his or her life shall be punished by imprisonment for not less than one year and not more than ten years.
(2) The same 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 two years and not more than fifteen years.
Criminal Act Article 258-2 (Special Bodily Injury)
(1) A person who commits the crime under Article 257 (1) or (2) by displaying the collective or mass force of an organization or by carrying a dangerous object shall be punished by imprisonment for not less than one year and not more than ten years.
(2) A person who commits the crime under Article 258 by displaying the collective or mass force of an organization or by carrying a dangerous object shall be punished by imprisonment for not less than two years and not more than twenty years.
(3) An attempt to commit the crime under paragraph (1) shall be punished.
Criminal Act 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 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) may not be prosecuted against the express will of the victim.
Criminal Act Article 261 (Special Assault)
A person who commits the crime under Article 260 (1) or (2) by displaying the collective or mass force of an organization or by carrying a dangerous object shall be punished by imprisonment for not more than five years or a fine not exceeding ten million won.
#The Meaning of Assault and Its Types and Sentencing by Element of the Offense
3. The Assistance Provided by the Jinju Law Firm
The Jinju law firm developed a careful strategy to reduce the sentence as much as possible.
The Jinju law firm made the following arguments.
Jinju Law Firm Argues That There Is No Connection Between the Assault and the Injury
The Jinju law firm argued that the fracture injury claimed by the victim had resulted from a traffic accident about two years earlier, so that there was no connection between the client's assault and the victim's injury.
Jinju Law Firm Argues That the Client Is Sincerely Remorseful
The Jinju law firm argued that, regardless of how the incident had arisen, the client was deeply ashamed of having assaulted the victim, a person he should have cherished, and that he had sincerely repented and written a letter of apology.
Jinju Law Firm Argues That the Client Poses No Risk of Reoffending
The Jinju law firm argued that the client was a first-time offender with no criminal record, and that, because the offense was a spontaneous act arising from a disagreement over inheritance, there was no risk of reoffending whatsoever.
4. The Court's Decision on the Jinju Law Firm's Arguments
The court accepted the Jinju law firm's arguments and imposed a light 'fine'.
If You Need the Assistance of the Jinju Law Firm
At Daeryun, attorneys experienced in criminal matters jointly handle criminal cases, allowing the firm to respond to criminal cases in a more professional manner.
Daeryun responds to cases on the basis of its many case results.
If you need the assistance of an attorney in a situation similar to the case above, we invite you to contact Daeryun, which offers consultation and prompt response.
A person who commits the crime of serious bodily injury may be punished by imprisonment for not less than one year and not more than ten years.
A person who commits the crime of special bodily injury may be punished by imprisonment for not less than one year and not more than ten years.
A person who commits the crime of assault may be punished by imprisonment for not more than two years, a fine not exceeding five million won, detention, or a minor fine.
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.
