CONTENTS
- 1. How the Client Came to Seek a Special Bodily Injury Attorney
- - The Client Involved in a Special Bodily Injury Case
- - Statutes Relevant to Special Bodily Injury
- 2. The Assistance Provided by the Special Bodily Injury Attorney
- - The Attorney's Argument 1 | Sincere Remorse
- - The Attorney's Argument 2 | No Risk of Flight
- - The Attorney's Argument 3 | Recovery of the Harm
- 3. As a Result of the Special Bodily Injury Attorney's Assistance, a “Suspended Sentence”
1. How the Client Came to Seek a Special Bodily Injury Attorney
The client had been indicted on a charge of inflicting bodily injury on the victim by wielding a dangerous object and was facing punishment.
The Client Involved in a Special Bodily Injury Case
The situation of the client who requested the assistance of a special bodily injury attorney is as follows.
On the day of the incident, the client was having lunch with the victim at a restaurant near home.
When the victim then pressed the client to repay money the victim had lent, the client became angry and threw a fork that was on the table at the victim.
As a result, the victim suffered an injury to the wrist and reported the client to the police.
In the end, facing punishment on a charge of special bodily injury, the client requested the help of a special bodily injury attorney.
Because the client was a foreign national, the client wished for the investigation to proceed without detention.
The attorney formed a strategy suited to the client's situation and gathered various factors for mitigation in order to provide assistance.
Statutes Relevant to Special Bodily Injury
Special bodily injury is an offense that applies where a person commits the offense of inflicting bodily injury while showing the power of a group or a multitude or while carrying a dangerous object.
■ Special Bodily Injury (Article 258-2)
(1) A person who commits the offense under Article 257 (1) or (2) by showing the power of a group or a multitude or by carrying a dangerous object shall be punished by imprisonment for not less than one year and not more than ten years.
(2) A person who commits the offense under Article 258 by showing the power of a group or a multitude or by carrying a dangerous object shall be punished by imprisonment for not less than two years and not more than twenty years.
(3) An attempt to commit the offense under paragraph (1) shall be punished.
2. The Assistance Provided by the Special Bodily Injury Attorney
Through a consultation with the client, the special bodily injury attorney assembled a team of attorneys with extensive experience in special bodily injury cases.
The team then earnestly urged that leniency and a decision not to detain the client be granted, arguing as follows.
The Attorney's Argument 1 | Sincere Remorse
It was emphasized that the client acknowledged all of his wrongdoing and was showing remorse, and that he was actively cooperating with the investigating authorities' investigation.
The Attorney's Argument 2 | No Risk of Flight
After the offense, the client departed for the Philippines and then returned to Korea.
If the client had intended to flee, the flight would have been complete upon arriving in the Philippines.
It was emphasized, however, that the client had returned to Korea in order to resolve the matter criminally and civilly.
The Attorney's Argument 3 | Recovery of the Harm
Under no circumstances did the client have any intention of abandoning the victim and fleeing.
In addition, the client continuously contacted the victim to convey his apologies, seeking a prompt recovery of the harm, an apology, and an amicable resolution of the matter.
3. As a Result of the Special Bodily Injury Attorney's Assistance, a “Suspended Sentence”
The court, accepting the special bodily injury attorney's arguments, issued a judgment stating, “The defendant is sentenced to imprisonment for two years. However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final.”
Satisfied with the suspended sentence for special bodily injury, the client repeatedly expressed gratitude to the special bodily injury attorney.
If You Have Become Involved in a Special Bodily Injury Case?
The client in the case above faced the risk of a sentence of imprisonment on a charge of special bodily injury, but with the help of an attorney experienced in special bodily injury, the client obtained a suspended sentence and succeeded in mitigation.
At Daeryun Law Firm, attorneys with extensive practical experience and expertise produce tailored results through accurate identification of the facts and thorough legal review.
If you are facing difficulty in a situation similar to the case above, you may make a 🔗legal consultation reservation and entrust your special bodily injury case to us.
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