Uijeongbu Law Firm Assistance | Client Charged With Special Assault, Prosecutor's Appeal Dismissed

On a weekend morning, the client was spending an ordinary, peaceful day at home.

Then, the victim, who lived on the floor above the client, suddenly came to the client's home.

The reason was to warn the client not to cause noise between floors.

It is usually the lower household that raises complaints about inter-floor noise toward the upper household.

In contrast, the victim raised a hard-to-understand complaint about noise against the client, who lived below.

The victim even came to the client's home again and shouted.

Unable to endure it any longer, the client assaulted the victim using a stick that was nearby.

For this offense, the client received a suspended sentence in the first instance, but the prosecutor immediately filed an appeal.

The client came to the Uijeongbu law firm to have the prosecutor's appeal dismissed with the assistance of an attorney.

The client received a complaint about inter-floor noise that was difficult to understand by any reasonable standard from the victim, who lived in the upper unit.

Having been continuously subjected to the victim's retaliatory noise, verbal abuse, and threats, the client failed to contain a momentary surge of anger and committed special assault.

The firm emphasized that the client's offense was not planned but was a spontaneous one.

The client delivered a handwritten letter of apology to the victim, conveying his intention to apologize.

After continued communication with the victim, the two reached an amicable settlement.

The firm emphasized that the ‘victim's petition for severe punishment’ asserted by the prosecutor was inconsistent with this.

The client has a spouse and three young children as his family, and he is solely responsible for the work related to raising them.

In addition, he cares for his parents and bears responsibility for the family's livelihood.

The firm emphasized that if the client were to receive a severe punishment, even his family could face great hardship.

The case above was one in which a client charged with special assault succeeded in having the prosecutor's appeal dismissed and the judgment of the first instance maintained.

Because the sentence for special assault may be increased depending on the degree of injury or the means of the assault, receiving the assistance of an attorney experienced in this area at the early stage of the case can be helpful.

At Daeryun Law Firm, attorneys experienced in criminal matters handle a range of 🔗special assault cases and actively assist their clients.

If you are involved in a special assault offense and have been unable to find a solution, please feel free to request the help of the Uijeongbu law firm at any time.