CONTENTS
- 1. The Client Facing Punishment for Special Bodily Injury
- 2. The Level of Punishment for Special Bodily Injury
- - Sentencing Guidelines for Punishment for Special Bodily Injury
- 3. Assistance to Defend Against Punishment for Special Bodily Injury
- - The Circumstances of the Offense by the Client Facing Punishment for Special Bodily Injury
- - The Remorse and Settlement of the Client Facing Punishment for Special Bodily Injury
- 4. The Disposition for the Client Facing Punishment for Special Bodily Injury
1. The Client Facing Punishment for Special Bodily Injury
This is the account of a client who sought an attorney facing punishment for special bodily injury.
The client explained that she had divorced her husband ten years earlier and had lived alone, and that she had come to care for her former husband when he underwent surgery for a herniated disc.
Later, as the time for discharge approached, the former husband's hospital bills came to about 15 million won.
While discussing the hospital bills, the client and her former husband had a minor argument.
The client then went outside the hospital, met a friend, drank, and returned to the hospital room intoxicated.
When they met again, the former husband kept bringing up the hospital bills, and in anger she struck the former husband on the head with a medicine bottle that was beside her.
This left a wound on the former husband's head, and a nurse who witnessed the incident reported the client to the police, leaving her at risk of punishment for special bodily injury.
2. The Level of Punishment for Special Bodily Injury
The client facing punishment for special bodily injury could be punished at the following level under the Criminal Act.
Sentencing Guidelines for Punishment for Special Bodily Injury
Having looked at the level of punishment for special 🔗bodily injury, the Sentencing Commission sets the following sentencing guidelines for special bodily injury.
| Mitigated | Basic | Aggravated |
| Imprisonment for not less than 4 months and not more than 1 year | Imprisonment for not less than 6 months and not more than 2 years | Imprisonment for not less than 1 year and not more than 3 years |
The Sentencing Commission cites, as mitigating factors, cases where the degree of injury is minor, where the victim also bears considerable responsibility for the occurrence of the offense, where the victim does not wish for punishment, where the offender shows genuine remorse, and where there is no record of criminal punishment.
As aggravating factors, it cites cases where the motive for the offense is blameworthy, where there is a prior record of an actual sentence for the same type of crime, and where the offender is a habitual offender.
If there is a prior record of punishment for special bodily injury, a severe punishment may be imposed, so it is important to obtain a referral to an attorney and respond accordingly.
3. Assistance to Defend Against Punishment for Special Bodily Injury
To defend against punishment for special bodily injury, the attorney provided assistance as follows.
The Circumstances of the Offense by the Client Facing Punishment for Special Bodily Injury
As the time for the former husband's discharge approached, the client facing punishment for special bodily injury learned, while discussing the hospital bills with her former husband, that her former husband had lent a large sum of money to an acquaintance in the past and had not been repaid.
The client became angry at the fact that her former husband, who currently had no money and could not even pay his hospital bills, had not been repaid the large sum he had lent to the acquaintance, and she committed the offense on impulse after drinking.
The Remorse and Settlement of the Client Facing Punishment for Special Bodily Injury
The client facing punishment for special bodily injury showed deep remorse for having inflicted injury on her former husband, and the former husband reached a settlement with the client and expressed the intention not to wish for her punishment.
The degree of injury that the former husband sustained from the client's offense was minor, and he returned to a perfectly sound condition the very next day.
The attorney emphasized that the client had received part of the hospital bills from a fundraising association for the former husband's hospital bills and had borne the remaining amount herself, and requested leniency for the client.
4. The Disposition for the Client Facing Punishment for Special Bodily Injury
The client, who had been at risk of punishment for special bodily injury, received a suspension of indictment from the prosecution with the attorney's assistance.
This means the client can avoid indictment itself if she does not commit any crime over the next two years.
Because the attorney prepared a strategy and responded to defend against punishment for special bodily injury, the case could be concluded with a suspension of indictment.
If you need assistance facing punishment for special bodily injury, as in this client's case, please obtain a 🔗referral to an attorney and request assistance at any time.
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.
