CONTENTS
- 1. The Client Who Came to an Incheon Criminal Litigation Attorney
- - How the Client Became Involved in the Criminal Case
- 2. Two Forms of Assistance from the Incheon Criminal Litigation Attorney
- - The Incheon Criminal Attorney's Argument (1) | No Fact of Assault
- - The Incheon Criminal Attorney's Argument (2) | Inconsistencies in the Complainant's Statements
- 3. Result of the Incheon Criminal Litigation Attorney's Assistance: Acquittal
- - If You Are Facing Criminal Litigation
1. The Client Who Came to an Incheon Criminal Litigation Attorney
The client who requested help from an Incheon criminal litigation attorney faced an assault charge.
However, because this was not true, the client came to an Incheon attorney ahead of the criminal litigation to defend against punishment.
How the Client Became Involved in the Criminal Case
The circumstances of the client's case, as understood by the Incheon criminal litigation attorney, were as follows.
The client reportedly had a verbal argument while drinking with acquaintances in the village with the complainant, with whom there had been a farming-related dispute.
The client protested to the complainant, who had used the farmland facilities without permission, but the client stated that, after the protest, there was no assault of the complainant.
However, the complainant filed a criminal complaint, claiming to have been assaulted by the client, and the client was thus unjustly accused of assault.
At the police investigation stage, the complainant's statement carried significant weight, and the case was ultimately sent to trial, so the client requested legal assistance from an Incheon attorney ahead of the criminal litigation.
Laws Relevant to the Case as Explained by an Incheon Attorney
The client who came to an Incheon criminal litigation attorney faced a charge of assault.
Where a person exercises any unlawful physical force against the body of another, the crime of assault is established.
Here, assault is a crime that requires particular caution, because it includes not only physical harm but also mental assault and indirect exercise of physical force.
If assault is found, the offender is punished by imprisonment for up to 2 years, a fine of up to 5 million won, detention, or a minor fine.
Here, if a person commits assault by displaying the collective force of a group or a crowd, or by carrying a dangerous object, the punishment is aggravated to imprisonment for up to 5 years or a fine of up to 10 million won.
In the client's case, because there was no fact of assaulting the complainant, the Incheon attorney established a case response strategy to secure a judgment of acquittal under Article 325 of the Criminal Procedure Act.
| Criminal Procedure Act, Article 325 (Judgment of Acquittal) Where the case against the defendant does not constitute a crime or there is no proof of the facts constituting the crime, the court shall pronounce a judgment of acquittal. |
2. Two Forms of Assistance from the Incheon Criminal Litigation Attorney
Through close consultation with the client, Daeryun Law Firm formed an Incheon criminal litigation attorney team made up of multiple specialists with extensive experience in assault cases.
The Incheon criminal litigation attorney then argued that the defendant had only argued with the complainant and had never committed assault.
In doing so, the attorney showed that the complainant's statements lacked credibility, as they changed several times, and requested a judgment of acquittal.
The Incheon Criminal Attorney's Argument (1) | No Fact of Assault
The complainant stated that the defendant had unilaterally assaulted the complainant several times.
However, the defendant argued that there was no fact of having assaulted the complainant and that, considering the complainant's physique and other factors, the statement could not be established.
The Incheon Criminal Attorney's Argument (2) | Inconsistencies in the Complainant's Statements
The complainant reversed the statements several times as the case proceeded.
The attorney also argued that, in the absence of objective evidence, the complainant's statements could hardly be regarded as having the degree of probative value required in a criminal trial.
3. Result of the Incheon Criminal Litigation Attorney's Assistance: Acquittal
The court accepted the arguments of the Daeryun Law Firm Incheon criminal litigation attorney and rendered a judgment stating, "The defendant is acquitted. The summary of the above judgment shall be published."
As for the reason for the judgment of acquittal, the court explained, "Because the facts charged in this case constitute a case in which there is no proof of the crime, the court pronounces a judgment of acquittal under the latter part of Article 325 of the Criminal Procedure Act and decides to publish the summary of the judgment under Article 58 (2) of the Criminal Act."
Criminal Act, Article 58 (Publication of Judgment) (1) Where it is deemed necessary for the benefit of the victim, the court may, only upon the victim's request, pronounce that the judgment shall be published at the defendant's expense. (2) Where a judgment of acquittal is pronounced in the case against the defendant, the court shall pronounce that the acquittal shall be published. However, this shall not apply where the defendant who received the judgment of acquittal does not consent to the pronouncement of publication of the acquittal, or where the defendant's consent cannot be obtained. (3) Where a judgment of exemption of prosecution is pronounced in the case against the defendant, the court may pronounce that the judgment of exemption shall be published. |
In practice, obtaining a judgment of acquittal is quite difficult.
The acquittal rate in first-instance trial cases is reportedly only 2 to 3 percent.
Publication of an acquittal means that the court publishes the summary of the judgment in a newspaper to restore the reputation of the person who was acquitted.
The client who received the assistance of the Daeryun Incheon criminal litigation attorney obtained a judgment of acquittal without difficulty, and the relevant content was published as well.
If You Are Facing Criminal Litigation
Daeryun Law Firm operates a 🔗Criminal Group, and veteran specialists in the criminal field form a task force according to the scale of the case and handle the matter.
After consulting with the client, the criminal attorney identifies the facts and establishes a case response strategy.
Where a criminal charge has been applied unjustly, the attorney also conducts a legal review of various materials that can support a defense against punishment, and helps the client emerge from the difficulty through systematic assistance.
If you face an investigation or trial after a criminal complaint despite not having committed an offense, it may help to obtain the assistance of an experienced attorney.
If you are unjustly facing criminal litigation as described above, you may entrust your case at any time through a 🔗Legal Consultation Reservation.
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.
