Namyangju Criminal Attorney | Namyangju Attorney Assists a Client Charged With Special Assault, Resulting in Non-Prosecution

While returning home from work, the client encountered the victim, a complete stranger, in front of a bar.

The victim suddenly swore at the client and picked a fight by shoving him and so on, and the client responded by trying to avoid the situation, saying, "If you have been drinking, just go on your way."

However, the victim began assaulting the client by slapping his cheek and striking his face.

The client tried to resolve the situation by reporting it to the police, but the victim ignored this and continued to use violence.

The client explained that, having been assaulted, he immediately reported it to the police and informed them of the situation.

However, the victim fled briefly and then returned and struck the back of the client's neck, threatening him and continuing to attack the client while saying, "You are going to die at my hands today".

In response, the client swung a nearby rope to keep the victim from approaching in order to defend himself.

The reason he used the rope was that he intended to defend himself in case the victim attempted another assault.

In this process the victim was injured, and although the client reacted quickly to avoid the situation, the victim continued to try to chase the client.

The victim filed a complaint regarding the client's swinging of the rope, and the client was booked on a charge of special assault.

The victim stated that he had been assaulted and emphasized that the client's conduct had been excessive.

The client came to the Namyangju criminal attorney, asking for help clearing the injustice of being identified as the perpetrator in this case when he was in fact the victim.

The Namyangju attorney explained that special assault is conduct in which a dangerous object is used or injury is caused in the course of an assault, and it may be punished more severely than ordinary assault.

In this case as well, because an object such as a rope was used to commit an assault, the charge of special assault was applied.

However, for special assault to be committed, the purpose of using the object must not be merely to injure the victim but must involve an intent to defend oneself.

If the client had no aggressive intent toward the victim, this can be recognized as self-defense.

The Namyangju criminal attorney explained that, in this case, the client needed to prove that his act of defense had been justified.

In this case, if there was an intent to defend, self-defense can be established, and the charge can accordingly be cleared.

However, for self-defense to be established, the act of defense must not be excessive and must be an appropriate response to the victim's attack.

Therefore, the key point is to prove that the client carried out an act of defense in order to protect himself.

After being assaulted, the client swung the rope to defend himself, and this was an act carried out within the scope of self-defense to protect himself.

Because the victim continuously assaulted and threatened the client, there was room for the client's act of defense to be legally recognized as self-defense.

In particular, the Namyangju criminal attorney explained that the client had no intent whatsoever to injure the victim and that it was an instinctive reaction to protect himself.

The Namyangju criminal attorney explained on the premise that this case was a mutual assault.

Because the victim also assaulted the client and the client then swung the rope to defend himself, considering that both sides were involved in the assault, this can be interpreted as conduct of a defensive nature.

By emphasizing that the victim's assault provoked the client's act of defense, it was possible to argue that the client's conduct amounted to self-defense.