CONTENTS
- 1. The Client Who Sought a Seongnam Criminal Attorney
- - The Statutes Relevant to the Case, Explained by the Seongnam Criminal Attorney
- 2. The Seongnam Criminal Attorney's Assistance
- - The Seongnam Criminal Attorney's Argument: The Perpetrator's Intent
- - The Seongnam Criminal Attorney's Argument: A Lack of Remorse
- 3. The Result of the Seongnam Criminal Attorney's Assistance
1. The Client Who Sought a Seongnam Criminal Attorney
This is the account of the client.
The client explained that he held a regular small gathering with acquaintances and that, to keep the gathering going, they all collected membership dues together to run it.
He explained that he then happened to discover that the acquaintance in charge of the operating funds was secretly diverting the dues for personal use, and that he confronted that acquaintance about using the common funds privately.
In response, the acquaintance instead grew angry with the client in an overbearing manner and, unable to contain his agitation, assaulted the client.
Afterward, seeing that the perpetrator offered no apology or remorse to the client despite having committed the assault, the client felt this was outrageous and resolved to file a complaint for 🔗assault, and sought out the Seongnam criminal attorney.
The Statutes Relevant to the Case, Explained by the Seongnam Criminal Attorney
Assault is a crime committed when harm is inflicted on the body of another.
Even where there is no direct physical contact, a person may be punished for assault if a clearly intentional form of force is established.
In addition, where assault has been committed habitually, the offender may be subject to aggravated punishment of up to one-half of the prescribed penalty.
① A person who commits assault against another's body 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 his or her 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.
③ The offenses under paragraphs (1) and (2) may not be prosecuted against the clearly expressed will of the victim.
If a person habitually commits an offense under Article 257, 258, 258-2, 260, or 261, the penalty prescribed for that offense shall be increased by up to one-half.
However, because assault is a 'crime not punishable against the victim's will,' it is an offense that cannot be punished if the victim clearly expresses an intention not to seek punishment.
Accordingly, if the victim and the perpetrator reach a settlement, prosecution of the perpetrator does not proceed, and where a person has been charged with assault, whether a settlement has been reached is highly important.
2. The Seongnam Criminal Attorney's Assistance
The attorney reviewed the circumstances of the assault suffered by the victim in detail and made the following arguments to the court.
The Seongnam Criminal Attorney's Argument: The Perpetrator's Intent
The perpetrator was not intoxicated at the time of the assault and was in the middle of a rational conversation with the victim.
Although he was fully able to restrain his own violent conduct, he did not control it, and he did not stop the assault even though the victim offered no resistance.
The attorney emphasized that the perpetrator's assault was clearly intentional.
The Seongnam Criminal Attorney's Argument: A Lack of Remorse
For more than a week after the assault and before the client filed the criminal complaint, the perpetrator had ample opportunity to apologize and show remorse, yet he instead disparaged the client among their acquaintances and showed a lack of remorse.
The attorney emphasized that the perpetrator's attitude showed no trace of remorse.
3. The Result of the Seongnam Criminal Attorney's Assistance
The court, accepting the attorney's arguments, imposed a 'fine' on the perpetrator.
If You Are Considering Filing a Complaint for Assault
When filing a criminal complaint for assault, if the complaint is not pursued on a logical basis, there is a risk that the case may be closed at the investigation stage or deprioritized in favor of more significant or clear-cut cases, so the intent, purpose, and seriousness of the complaint or accusation must be clearly set out.
In addition, because the degree of punishment varies depending on whether a settlement has been reached, whether the perpetrator has a prior record, and whether the intent behind the assault is proven, it is important to obtain the help of a criminal attorney who can assist with a professional legal assessment.
Daeryun Law Firm has criminal attorneys with investigative experience, so please feel free at any time to arrange a consultation through 🔗a legal consultation booking.
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.
