CONTENTS
- 1. The Client Who Requested Assistance from the Seoul Law Office
- - The Client's Case as Understood by the Seoul Law Office
- - Statutes Related to the Case as Explained by the Seoul Law Office
- 2. The Assistance Provided by the Seoul Law Office
- - The Seoul Law Office Argues That an Amicable Settlement Was Reached with the Victim
- - The Seoul Law Office Argues That the Client Had No Intent to Commit Assault
- 3. The Prosecution Accepts the Seoul Law Office's Argument
1. The Client Who Requested Assistance from the Seoul Law Office
The client who visited the Seoul law office, after being sued on suspicion of assaulting a service member, came to the Seoul law office to defend against criminal punishment and requested assistance from a Seoul attorney.
The Client's Case as Understood by the Seoul Law Office
The following is the outline of the client's case as understood by the Seoul attorney of the Seoul law office.
On the day of the incident, the client was performing duties together with other colleagues, including the victim.
While performing duties, the client lightly tapped the victim's face with a fist as a joke.
Afterward, a colleague who was nearby said that the victim seemed to be in a bad mood and that it would be a good idea to apologize.
Accordingly, the client went to apologize to the victim, but the victim ignored this.
Then, the next day, the victim reported the client on suspicion of assault.
In order to defend against punishment, the client visited the Seoul law office of Daeryun Law Firm and entrusted the case to us.
Statutes Related to the Case as Explained by the Seoul Law Office
In the case of a military 🔗assault case, because the status and duties of a service member are added, results far exceeding the act committed may be brought about.
▶ The level of punishment under the Military Criminal Act as explained by the Seoul law office
Military Criminal Act Article 60 (Assault, Threat, etc. against a Service Member, etc. in the Performance of Duties)
A person who commits assault or threat against a person, other than a superior or a sentry, who is in the performance of duties shall be punished according to the following subparagraphs.
1) In the case of facing the enemy: imprisonment for not more than 7 years
2) In other cases: imprisonment for not more than 5 years or a fine not exceeding 10 million won
■ A person who commits the crime under paragraph (1) by forming a group or while carrying a deadly weapon or other dangerous object shall be punished according to the following subparagraphs.
1) In the case of facing the enemy: imprisonment for a definite term of not less than 3 years
2) In other cases: imprisonment for a definite term of not less than 1 year
■ Where 2 or more persons jointly commit the crime under paragraph (1) without forming a group, the punishment shall be aggravated by up to one-half of the punishment prescribed in paragraph (1).
2. The Assistance Provided by the Seoul Law Office
The Seoul law office collected all of the materials that could be applied favorably to the client and then analyzed them.
The Seoul law office assisted the client by arguing as follows.
The Seoul Law Office Argues That an Amicable Settlement Was Reached with the Victim
The client deeply repented of the wrongdoing and visited the victim once more to convey a sincere apology.
The Seoul law office reached an amicable settlement with the victim and emphasized that the victim did not wish for the client to be punished.
The Seoul Law Office Argues That the Client Had No Intent to Commit Assault
The client stated that, as a joke, he had thrown an empty-fisted swing toward the victim's face.
In response, the Seoul law office argued that the client had no intent to commit assault whatsoever.
3. The Prosecution Accepts the Seoul Law Office's Argument
With the assistance of the Seoul law office, the prosecution issued a decision in this case stating, "Indictment of the suspect is suspended."
The Seoul law office accurately grasped the situation through close consultation with the client.
As a result, the client was able to obtain a no prosecution disposition on the suspicion of assault against a service member in the performance of duties.
At Daeryun Law Firm, attorneys with extensive practical experience and expertise assist clients through accurate determination of the facts and thorough review of the applicable legal principles.
If you are experiencing difficulty defending against litigation in a situation similar to the case above, please visit the Seoul law office of Daeryun Law Firm.
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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