CONTENTS
- 1. How the Client Came to Retain an Incheon Criminal Case Attorney
- - The Client Who Requested Assistance from an Incheon Criminal Case Attorney
- - The Level of Punishment, Explained by an Incheon Criminal Case Attorney
- 2. The Assistance Provided by an Incheon Criminal Case Attorney
- - Incheon Criminal Case Attorney, Arguing Self-Defense
- - Incheon Criminal Case Attorney, Arguing That the Degree of Harm Was Minor
- 3. The Result of the Incheon Criminal Case Attorney's Assistance, “No Prosecution”
1. How the Client Came to Retain an Incheon Criminal Case Attorney
The client who came to the Incheon criminal case attorney, facing a charge of assault, visited the Incheon office without delay in order to defend against criminal punishment.
The Client Who Requested Assistance from an Incheon Criminal Case Attorney
The following is the account of the client who requested the assistance of the Incheon criminal case attorney.
The client was on poor terms with his son, the victim in this case.
This was because, several years earlier, the son had deceived the client and his spouse and diverted the apartment deposit.
The client requested the return of the jeonse deposit, but each time such a request was made, the son would shout and hurl abuse.
On the day of the incident as well, while they were arguing over the same matter, the son suddenly engaged in threatening conduct, pushing the shoulder of the client's spouse and pressing on her neck in an attempt to take her mobile phone.
Alarmed, the client bit the son's arm and struck him with his forehead in order to restrain him.
A few days later, the son filed a criminal complaint for 🔗assault, and the client, feeling that he had been wronged, came to the Incheon criminal case attorney to request assistance.
The Level of Punishment, Explained by an Incheon Criminal Case Attorney
The client was facing a charge of assault, and the offense of assault is provided for in Article 260 of the Criminal Act.
If the offense of assault is established, the following punishment applies.
▶ Assault and Assault against a Lineal Ascendant (Article 260 of the Criminal Act)
(2) A person who commits the offense under paragraph (1) against his or her own or his or her spouse's lineal ascendant shall be subject to imprisonment for not more than 5 years or a fine of not more than 7 million won.
(3) The offenses under paragraphs (1) and (2) may not be prosecuted against the express will of the victim.
▶ Statutes Related to Assault
A person who commits the offense under Article 260 (1) or (2) by displaying the collective force of a group or a multitude, or by carrying a dangerous object, shall be subject to imprisonment for not more than 5 years or a fine of not more than 10 million won.
2. The Assistance Provided by an Incheon Criminal Case Attorney
After conducting a consultation with the client, the Incheon criminal case attorney gathered the sentencing factors that could work in the client's favor.
Having prepared a strategic response, the attorney earnestly requested that a decision of no prosecution be rendered, on the following grounds.
Incheon Criminal Case Attorney, Arguing Self-Defense
The victim had threatened the client's wife by pressing on her neck and pushing her, among other acts.
At that moment, the wife cried out for help, and the client, seeing this, committed the assault in this case in order to stop the victim.
Accordingly, the attorney asserted self-defense, emphasizing that the act in this case was a legitimate counteraction taken to ward off the other party's infringing conduct.
Incheon Criminal Case Attorney, Arguing That the Degree of Harm Was Minor
The client is more than 70 years of age and is in poor health, with his mobility so impaired that he has difficulty even walking on his own.
The act in this case was the best response possible given his advanced age and physical condition.
The attorney also emphasized that the victim suffered no bodily injury, nor any physical harm whatsoever, as a result of the act in this case.
3. The Result of the Incheon Criminal Case Attorney's Assistance, “No Prosecution”
Accepting the arguments presented by the Incheon criminal defense attorney, the prosecution rendered a decision of no prosecution with respect to the charges against the client.
If You Have Become Involved in a Criminal Case
This case involved a client who was charged with assault after being the subject of a criminal complaint filed by his son, and who, with the assistance of the Incheon criminal defense attorney, brought the matter to a close with a decision of no prosecution.
When a person becomes involved in a criminal case under such somewhat unjust circumstances, it is advisable to work alongside a specialized attorney and to respond strategically from the early stages of the investigation.
At Daeryun LLC, 🔗specialized attorneys with an average of more than ten years of experience take on each client's case and resolve it through tailored strategies.
If you require legal assistance in a situation similar to this case, you are welcome to entrust your matter to an Incheon criminal defense attorney at Daeryun LLC 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.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
