CONTENTS
- 1. The Client Against Whom an Assault Complaint Was Filed
- 2. The Client Against Whom an Assault Complaint Was Filed: What Is Assault?
- - The Client Against Whom an Assault Complaint Was Filed: What Are the Sentencing Guidelines for Assault?
- 3. The Client Against Whom an Assault Complaint Was Filed: The Attorney's Assistance
- 4. The Client Against Whom an Assault Complaint Was Filed: The Result of the Attorney's Assistance
1. The Client Against Whom an Assault Complaint Was Filed
This is the account of a client who sought an attorney's assistance, saying that an assault complaint had been filed against them.
The client had a wife with whom they had registered the marriage, and the three of them, the client, the wife, and the wife's friend, came to drink together.
In the course of this, an argument broke out between the wife and the wife's friend. Voices were raised, and they eventually even grabbed each other by the hair.
The client tried to pull the wife and the wife's friend apart but was unable to do so, and the client, who had been drinking and had become angry, struck the wife's friend in a fit of temper.
The client struck the wife's friend on the head and forehead, causing injury.
Accordingly, the wife's friend filed a criminal complaint against the client for assault, which is how this case arose.
2. The Client Against Whom an Assault Complaint Was Filed: What Is Assault?
We have reviewed the account of the client against whom an assault complaint was filed. 🔗Assault, as the term suggests, refers to the crime of applying physical force against a person's body.
If assault is recognized, the following level of punishment applies under the Criminal Act.
The Client Against Whom an Assault Complaint Was Filed: What Are the Sentencing Guidelines for Assault?
The client against whom the assault complaint was filed faced punishment by imprisonment for not more than two years, a fine not exceeding five million won, detention, or a minor fine.
According to the Sentencing Commission, the following sentencing guidelines apply in the case of assault.
Mitigated | Basic | Aggravated |
Imprisonment for not more than 8 months | Imprisonment for 2 to 10 months | Imprisonment for 4 months to 1 year and 6 months |
The mitigating and aggravating factors are also set out, and they are as follows.
▶Mitigating Factors
If the degree of assault is minor
If there are circumstances particularly worthy of consideration regarding participation in the offense
If the victim also bears substantial responsibility for the occurrence of the offense or the expansion of the harm
If genuine remorse is shown
If there is no history of criminal punishment
If substantial recovery of the harm has been completed
▶Aggravating Factors
If the driver of a moving vehicle was assaulted
If the method of the offense is cruel
If two or more persons jointly committed the offense
If there is a prior conviction of the same kind with an actual sentence served less than 10 years ago
If the harm was caused during an attempt to settle
3. The Client Against Whom an Assault Complaint Was Filed: The Attorney's Assistance
For the client against whom the assault complaint was filed, the attorney assisted with the case as follows, citing the mitigating factors reviewed above.
Emphasized that the client had no history of criminal punishment
Emphasized that the client's offense was spontaneous
Emphasized that the degree of harm to the victim was not great
Emphasized that the client was doing their utmost to remedy the harm to the victim
4. The Client Against Whom an Assault Complaint Was Filed: The Result of the Attorney's Assistance
As a result of the attorney's assistance for the client against whom the assault complaint was filed, the client was sentenced to a small fine of one million won.
Although the client could have faced a sentence of eight months' imprisonment even with mitigation, the attorney's assistance made it possible to conclude the case with a small fine despite the assault complaint.
If, like the client in this case, you have had an assault complaint filed against you and face the risk of a sentence of imprisonment, we recommend obtaining a 🔗attorney referral and proceeding with a consultation.
An attorney with extensive experience in resolving assault cases will assist in defending against a sentence of imprisonment.
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.
