CONTENTS
- 1. The Client Who Sought a Gwangju Criminal Case Attorney
- 2. The Crime of Assault, Explained by a Gwangju Criminal Case Attorney
- 3. The Gwangju Criminal Case Attorney's Defense of the Client
- - The Gwangju Criminal Case Attorney, the Client Did Not Assault the Victim
- - The Gwangju Criminal Case Attorney, the Victim in the Case Obtained a Medical Certificate One Week After the Incident
- 4. The Judgment Received by the Gwangju Criminal Case Attorney's Client
1. The Client Who Sought a Gwangju Criminal Case Attorney
This is the account of the client who came to the Gwangju criminal case attorney.
The client of the Gwangju criminal case attorney stated that he faced the prospect of imprisonment for an assault charge, and requested that the criminal case attorney defend against imprisonment.
The Gwangju criminal case attorney set about ascertaining the facts of the case in order to meet the client's request.
The client and the victim were employees working at the same company, and the victim was reportedly a subordinate of the client, who served as team leader.
The victim reported the client on an assault charge, stating that the client had directed severe verbal abuse at him, struck his solar plexus, and kicked his shin.
The client maintained that the accusation was unjust and came to seek the assistance of the Gwangju criminal case attorney.
2. The Crime of Assault, Explained by a Gwangju Criminal Case Attorney
The charge against the client of the Gwangju criminal case attorney was assault. 🔗Assault refers to an offense involving the exercise of physical force against another person's body.
Even if the assault does not result in bodily injury, the assault charge may still apply.
For example, secretly cutting off another person's hair or forcefully pulling another person's hand also constitutes assault.
Article 260 of the Criminal Act (Assault, Assault against a Lineal Ascendant)
① A person who assaults another person's body shall be punished by imprisonment for up to 2 years, a fine of up to 5 million won, detention, or a minor fine.
③ The crimes under paragraphs (1) and (2) may not be prosecuted against the express will of the victim.
If assault is established, it is punishable under the Criminal Act by imprisonment for up to 2 years, a fine of up to 5 million won, detention, or a minor fine.
Assault is a crime not punishable against the victim's will, meaning that it may not be prosecuted against the express will of the victim.
3. The Gwangju Criminal Case Attorney's Defense of the Client
The Gwangju criminal case attorney provided a defense as follows in order to defend against the client's imprisonment.
The Gwangju Criminal Case Attorney, the Client Did Not Assault the Victim
The client of the Gwangju criminal case attorney did not assault the victim.
It is true that, because the client and the victim ordinarily did not get along well, there was a disagreement between them on the day of the incident as well, but there was only physical contact amounting to lightly patting the shoulder, and there was no other physical contact whatsoever.
The victim filed a complaint with the company, stating that the client had used abusive language and committed assault, but the company recognized only the use of abusive language as fact and issued a warning.
In the case of the Gwangju criminal case attorney, the victim filed a complaint with the police after the client received only a warning despite the complaint to the company.
The Gwangju Criminal Case Attorney, the Victim in the Case Obtained a Medical Certificate One Week After the Incident
In the case of the Gwangju criminal case attorney, the victim obtained a medical certificate of injury at a hospital one week later, rather than on the day of the incident.
Because that medical certificate of injury was not close in time to the point at which the injury allegedly occurred, its credibility is in doubt.
Moreover, according to the victim's own account, the client struck him once each on the solar plexus and the shin, and to assert that an injury was sustained from this alone is contrary to ordinary social understanding.
Because the victim's statement in this case can hardly be regarded as having probative value, imposing imprisonment in the case before the Gwangju criminal case attorney would be excessive.
4. The Judgment Received by the Gwangju Criminal Case Attorney's Client
The client of the Gwangju criminal case attorney received a summary indictment at the prosecution stage.
The client had faced the prospect of severe punishment by imprisonment because the assault charge was recognized, but, with the assistance of the Gwangju criminal case attorney, he defended against imprisonment and received only a minor fine.
When facing an assault charge, it is necessary to prove that the victim's account lacks credibility.
Because this is very difficult for an individual to prove, it is advisable to promptly seek the assistance of a criminal case attorney.
The Gwangju criminal case attorney is providing assistance in order to defend against the client's imprisonment.
If, like the client in this case, you face the prospect of imprisonment and wish to be free of it, please request a consultation with a 🔗Gwangju criminal case attorney.
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.
