CONTENTS
- 1. The Client Who Came to a Special Assault Attorney
- - The Circumstances Leading the Client to a Special Assault Attorney
- 2. The Statutes Relevant to the Case, Explained by a Special Assault Attorney
- 3. The Assistance Provided by a Special Assault Attorney
- - Special Assault Attorney Argument 1: A Spontaneous Offense
- - Special Assault Attorney Argument 2: A First-Time Offender
- - Special Assault Attorney Argument 3: A Settlement With the Complainant
- 4. The Court's Decision on the Special Assault Attorney's Arguments
- - If You Need the Assistance of a Special Assault Attorney
1. The Client Who Came to a Special Assault Attorney
The client who sought a special assault attorney did so in order to proceed with the special assault case together with an attorney who possesses extensive experience in special assault matters.
The Circumstances Leading the Client to a Special Assault Attorney
The account of the client who came to a special assault attorney and requested a consultation is as follows.
One day, the client happened to learn of an affair between the client's wife and the man involved with her, and felt a profound sense of betrayal.
Unable to contain this anger, the client resolved to go to the home of the man involved with the wife and confront him.
The client placed dangerous objects, namely scissors and a knife, into the client's bag and then left the house.
A few minutes later, the client, having arrived at the apartment of the man involved with the wife, entered his home as soon as the client encountered him and assaulted him about the face and abdomen several times.
Having assaulted the victim while carrying a knife and scissors close to the body, the client was booked on a charge of special assault.
Facing severe punishment for special assault, the client sought a special assault attorney in order to lower the sentence for the punishment of special assault with the assistance of an attorney possessing extensive experience in special 🔗assault cases.
2. The Statutes Relevant to the Case, Explained by a Special Assault Attorney
Article 260 (Assault, Assault against a 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 offense under paragraph (1) against the person's 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.
Article 261 (Special Assault)
A person who commits assault against the body of another by displaying the collective power of a group or a multitude, or while carrying a dangerous object, shall be punished by imprisonment for not more than five years or a fine not exceeding ten million won.
3. The Assistance Provided by a Special Assault Attorney
Through close consultation with the client, the special assault attorney accurately identified the circumstances of the case and the mitigating factors.
The attorney established a strategy to actively assert the grounds for mitigation in order to lower the sentence for the punishment of special assault.
Special Assault Attorney Argument 1: A Spontaneous Offense
Upon learning of the affair between his wife and the man involved with her, the client was unable to restrain his anger.
This case was not a premeditated offense but a spontaneous one, and it was a single, isolated incident.
Accordingly, it was emphasized that there is little risk of the client reoffending.
Special Assault Attorney Argument 2: A First-Time Offender
The client has lived as a conscientious member of society with no prior record of any offense of the same or a different kind.
The client accurately recognizes the offense committed and is deeply remorseful.
It was emphasized that, if leniency is extended to the client, the client may have the opportunity to make a positive contribution to society.
Special Assault Attorney Argument 3: A Settlement With the Complainant
The client sincerely apologized for having caused the victim great suffering by failing to contain a moment of anger.
The client paid a settlement amount to the victim and was able to reach an amicable settlement.
It was emphasized that the victim subsequently submitted a statement of no desire for punishment, indicating that the victim did not wish for the client to be punished for special assault.
4. The Court's Decision on the Special Assault Attorney's Arguments
Accepting the arguments of the special assault attorney, the court imposed a relatively light fine on the client.
If You Need the Assistance of a Special Assault Attorney
The case above was one in which a client involved in a special assault offense received a relatively light fine with the assistance of a special assault attorney.
Daeryun Law Firm provides tailored legal services based on the extensive trial and investigative experience of its criminal law attorneys.
Depending on the situation and the scale of the case, the firm forms a task force of specialists ranging from three to twenty people to analyze the investigation records, gather evidence, and present a reasoned defense.
If you need the assistance of an attorney, you are welcome to contact Daeryun Law Firm, which offers consultation and response throughout the year.
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.
