CONTENTS
- 1. The Client's Situation
- - The Client Involved in Charges of Violating the Welfare of Senior Citizens Act
- 2. The Statutes Relevant to the Case Explained by the Gwangju Law Firm
- 3. The Gwangju Law Firm's Assistance
- - Argument ① Settlement
- - Argument ② Accidental Assault
- - Argument ③ Low Likelihood of Reoffending
- 4. The Prosecution's Decision Accepting the Gwangju Law Firm's Argument
- - If You Need the Gwangju Law Firm's Assistance
1. The Client's Situation
Seeking to resolve the case quickly through the law firm's systematic legal framework, the client visited the Gwangju office and explained the detailed circumstances of the case.
The Client Involved in Charges of Violating the Welfare of Senior Citizens Act
The client is a nurse working at a hospital, and the victim is a person admitted to that hospital with conditions such as dementia.
As usual, the client attempted to check the victim's health.
Feeling uncomfortable, the victim cursed and refused to undergo the examination.
When the client fixed the victim's posture in order to control the victim, the victim struck the client hard in the solar plexus in a sudden act.
Angered, the client was unable to contain the anger and struck the victim's chest, committing assault.
The client, involved in charges of violating the Welfare of Senior Citizens Act, determined that the law firm's assistance was necessary to defend against punishment.
Seeking to resolve the matter by handling the case with a Gwangju law firm experienced in various 🔗crime of assault and crime of bodily injury cases, the client came to a Gwangju attorney.
2. The Statutes Relevant to the Case Explained by the Gwangju Law Firm
The client was at risk of being punished on charges of violating the Welfare of Senior Citizens Act.
Elder abuse refers to inflicting physical, mental, or sexual violence, economic exploitation, or cruel treatment on a senior citizen, or abandoning or neglecting a senior citizen.
If a charge of violating the Welfare of Senior Citizens Act is established, the person may be punished under the following provisions.
A person who causes bodily injury is punishable by imprisonment for up to 7 years or a fine of up to 70 million won (Article 55-2 of the Welfare of Senior Citizens Act)
A person who commits assault is punishable by imprisonment for up to 5 years or a fine of up to 50 million won (Article 55-3, Paragraph 1, Subparagraph 2 of the Welfare of Senior Citizens Act)
3. The Gwangju Law Firm's Assistance
The Gwangju law firm developed a thorough strategy to bring the case to a swift conclusion with a non-prosecution decision, and argued as follows.
Argument ① Settlement
The client fully acknowledges the offense and is showing deep remorse.
In a spirit of apology to the victim harmed by the client's wrongful conduct, the client paid a settlement sum and reached an amicable settlement.
The attorney emphasized that the victim's family also recognized that this was an accidental incident and prepared a statement of no desire for punishment regarding the client.
Argument ② Accidental Assault
The client exercised a single accidental act of force in response to the victim's act of assaulting the client.
In addition, this assault did not result in bodily injury.
The attorney therefore emphasized that the offense in this case was relatively minor.
Argument ③ Low Likelihood of Reoffending
The client is a first-time offender who had lived diligently without any prior criminal record before this case.
Recognizing that the conduct was wrong, the client voluntarily surrendered for all of the offense.
The attorney emphasized that the likelihood of reoffending is low, as the client is firmly resolved to grow into an upright member of society who abides by the law.
4. The Prosecution's Decision Accepting the Gwangju Law Firm's Argument
Accepting the Gwangju law firm's argument, the prosecution ultimately rendered a non-prosecution decision.
Now able to avoid punishment for violation of the Welfare of Senior Citizens Act, the client expressed gratitude to the Gwangju law firm.
If You Need the Gwangju Law Firm's Assistance
This case was one in which a client charged with violating the Welfare of Senior Citizens Act avoided punishment and obtained a non-prosecution decision.
If you are involved in charges of violating the Welfare of Senior Citizens Act, it is recommended to obtain an attorney's assistance early in the case to avoid an unfavorable situation.
Daeryun's 🔗criminal attorneys, who have abundant know-how from handling a wide range of criminal case studies, protect clients' rights and work to steer cases in a favorable direction.
If you need an attorney's assistance in a situation similar to the case above, it is recommended to visit the Gwangju law firm for a 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.
