CONTENTS
- 1. The Client Who Was Referred to a Mokpo Attorney
- 2. Assistance for the Client Who Was Referred to a Mokpo Attorney
- - Mokpo Attorney Strategy 1: Argument That the Conduct Was an Act of Self-Defense
- - Mokpo Attorney Strategy 2: Argument That the Incident Was Accidental
- 3. The Client Who Was Referred to a Mokpo Attorney: The Case Concluded with a Minor Fine
1. The Client Who Was Referred to a Mokpo Attorney
The client who received a Mokpo attorney referral faced criminal punishment on charges of special (aggravated) assault.
Seeking the strongest possible defense against punishment, the client obtained an attorney referral within Mokpo and came to Daeryun.
The Circumstances of the Case of the Client Who Was Referred to a Mokpo Attorney
On the day of the incident, the client was having drinks together at the complainant's home when a fight broke out.
Because both the client and the complainant were heavily intoxicated, the fight gradually escalated.
The complainant began assaulting the client severely, and in order to defend himself, the client struck the complainant on the head with a soju bottle.
Special (Aggravated) Assault Explained by a Mokpo Attorney
Special assault refers not to simple assault but to a case in which assault is committed while carrying a dangerous instrument such as a weapon, or in which the assault is committed by a group or organization.
Special assault is treated as a more serious crime than simple 🔗assault, and the punishment is heavier.
Whereas simple assault is punishable by imprisonment for not more than 2 years or a fine not exceeding 5 million won, special assault is punishable by imprisonment for not more than 5 years or a fine not exceeding 10 million won.
Unlike simple assault, special assault is not a crime not punishable against the victim's will, and therefore the likelihood of receiving an actual custodial sentence is higher.
2. Assistance for the Client Who Was Referred to a Mokpo Attorney
The attorney proceeded to assist the client in defending against punishment.
Mokpo Attorney Strategy 1: Argument That the Conduct Was an Act of Self-Defense
The client, who came on a referral for a Mokpo attorney, asserted that it had not been an intentional assault.
After the fight broke out, it was the complainant who assaulted the client first.
The client is far smaller than the complainant in height and build.
It is impossible for the client, who is smaller than the complainant, to respond with bare hands to the complainant, who was assaulting indiscriminately.
The Mokpo attorney emphasized that the client had no choice but to respond using an object in order to defend the client.
Mokpo Attorney Strategy 2: Argument That the Incident Was Accidental
The client, who came on a referral for a Mokpo attorney, asserted that it had been an impulsive act.
The complainant and the client were ordinarily close friends, and the client had no reason whatsoever to assault the complainant for any purpose.
The Mokpo attorney emphasized that the client’s conduct was an act of self-defense arising from a sudden fight.
In addition, in response to the complainant’s indiscriminate assault, the client merely swung an object that came to hand.
The Mokpo attorney explained that the client did not intentionally carry a dangerous object to commit assault.
3. The Client Who Was Referred to a Mokpo Attorney: The Case Concluded with a Minor Fine
The client was able to conclude the case with a minor fine.
The client said, “I wanted to prove that I, too, was in an unfair situation. Thanks to the attorney, I was able to resolve the case quickly.”
In the case of special assault, the offender is punished regardless of whether a settlement with the victim is reached, so it is important to prepare a response with the help of an attorney.
Because a logical argument based on objective evidentiary materials must be presented in order for it to be considered in sentencing, it is advisable to obtain the help of an attorney capable of legal judgment and assistance.
At Daeryun Law Firm, attorneys with backgrounds in the courts, the prosecution, and the police respond to clients' cases with the goal of ‘handling cases properly and concluding them swiftly.’
If you are seeking an attorney for a situation such as the above, please visit the 🔗Mokpo attorney 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.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
