CONTENTS
- 1. Jinju Criminal Attorney | Background of the Case
- - Jinju Criminal Attorney | The Client's Situation
- 2. Jinju Criminal Attorney | Legal Information Related to the Case
- 3. Jinju Criminal Attorney | Assistance to the Client
- - Jinju Criminal Attorney | A Spur-of-the-Moment Offense
- - Jinju Criminal Attorney | Appeals From Those Around the Client
- 4. Jinju Criminal Attorney | The Trial Result
1. Jinju Criminal Attorney | Background of the Case
The client was indicted on a charge of committing assault and bodily injury against the man with whom his wife had an affair, and he was facing criminal punishment.
Seeking to avoid a custodial sentence as far as possible, he came to the Jinju criminal attorney.
Jinju Criminal Attorney | The Client's Situation
The client was an ordinary head of a household with one child.
After learning that his wife was having an affair, however, he explained that he was living in distress day after day.
What is more, because the man with whom his wife had the affair was an acquaintance well known to the client, his anguish was greater and his anger harder to contain.
Having ultimately come to learn clear evidence of the affair, the client explained that, on his own initiative, he arranged a meeting with his wife and the other man to clarify and resolve their respective relationships going forward.
At that meeting, however, when the other man brazenly insisted that he had done nothing wrong, the client failed to contain his anger and ended up committing assault against him.
As a result, the client was criminally charged with assault and bodily injury, and, facing punishment thereafter, he came to the Jinju criminal attorney to defend against it.
2. Jinju Criminal Attorney | Legal Information Related to the Case
Assault and the infliction of bodily injury are very common types of crime. As is well known, they are offenses committed when a person causes harm to another's body.
In the case of assault, the offense is committed not only through direct physical violence against the body but also through psychological violence and the indirect exercise of physical force, so caution is required.
In addition, the infliction of bodily injury is an offense committed when the physiological function of a victim of assault is impaired.
The infliction of bodily injury is similar to assault in that it originates from violence, but because its consequences are more serious, its punishment is more severe, and it is not treated as a crime requiring a complaint to prosecute, so greater caution is required.
Because a charge becomes one for the infliction of bodily injury if even a small wound results from assault, particular caution is required when proceeding to trial.
The statutes concerning the punishment of assault and the infliction of bodily injury are as follows.
(1) A person who commits an act of violence against another's body may be punished by imprisonment for not more than 2 years, a fine not exceeding 5 million won, detention, or a minor fine.
(1) A person who inflicts bodily injury on another may be punished by imprisonment for not more than 7 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won.
🔗If You Would Like to Know More About Assault and Bodily Injury
3. Jinju Criminal Attorney | Assistance to the Client
The attorney carefully gathered the circumstances at the time of the incident and the matters that could be taken into account in sentencing, and presented a defense aimed at mitigating the client's punishment.
Jinju Criminal Attorney | A Spur-of-the-Moment Offense
The client was a diligent and gentle-natured office worker with no prior record of assault-related convictions or punishment whatsoever.
However, when his wife and the other man committed the affair and showed no sign of remorse or apology for it, he failed to contain a momentary surge of anger and committed the assault on the spur of the moment.
The attorney argued that the client's offense stemmed from a momentary lapse in judgment and that the risk of reoffending was low, and asked the court to take this into account.
Jinju Criminal Attorney | Appeals From Those Around the Client
Until this incident, the client had forgiven his wife and made every effort to maintain a harmonious family life, even while suffering over her infidelity, out of a desire to keep the family together.
Family members and acquaintances who knew this side of the client submitted letters of appeal requesting leniency for him, and the attorney asked the court to take these into account in sentencing.
4. Jinju Criminal Attorney | The Trial Result
Accepting the attorney's arguments, the court ruled, “The defendant is sentenced to imprisonment for 1 year and 2 months. However, the execution of the above sentence is suspended for 2 years from the date this judgment becomes final.”
If a person commits assault and inflicts bodily injury on another and is criminally charged with the infliction of bodily injury or assault and faces punishment, the establishment of the offense and the punishment vary depending on the intent behind the offense, the severity of the harm, and whether a settlement with the victim has been reached.
In addition, because civil liability such as a 🔗claim for damages may also be incurred apart from criminal punishment, particular caution is required.
For this reason, if you are facing trial for assault or the infliction of bodily injury, it is important to obtain assistance promptly through a 🔗referral to an attorney who can respond to the matter in a specific and strategic manner.
If this is a matter of concern, we hope you will obtain a consultation by booking a legal consultation.
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.
