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Deals & Cases

Special Assault, etc.

Punishment for Special Assault | A Wrongful Special Assault Charge Defended Through a Suspension of Indictment

This is the account of a client who requested a defense against punishment for special assault. The attorney assisted the client, who was wrongfully charged with special assault, and as a result the client obtained a decision of suspension of indictment and succeeded in concluding the case without punishment.

CONTENTS
  • 1. The Client Who Requested a Defense Against Punishment for Special Assault
  • 2. Assistance Provided to Defend Against Punishment for Special Assault
    • - Special Assault Defense Strategy, Arguing That He Never Struck or Hit Anyone
    • - Special Assault Defense Strategy, Arguing the Victims' Intent in Reporting
  • 3. Result of the Punishment for Special Assault, Case Concluded With a Suspension of Indictment

1. The Client Who Requested a Defense Against Punishment for Special Assault

Punishment for Special Assault

This is the account of a client who requested a defense against punishment for special assault.

The client had been wrongfully implicated in a special assault charge and requested a defense against it.

An attorney experienced in special assault conducted a close consultation with the client and set out to devise a defense strategy.

How the Client Came to Face the Risk of Punishment on a Special Assault Charge

The client's case as identified by the attorney is as follows.

The client had recently been experiencing serious conflict over issues involving his wife and child.

The child was not the client's biological child but a child whom his wife had brought with her after divorcing her former husband.

Although the child was not his biological child, the client gave the child love as if the child were his own.

Nevertheless, the child treated the client as a father only when the child needed money, and otherwise always showed a dismissive attitude.

The client had recently been in serious conflict with the child over money, and he happened to overhear the child say to his wife, "Mom, just divorce that man. Why live with him when he does not even give you money?"

Greatly angered by this, the client picked up a baseball bat that was in the house and was about to swing it, but upon seeing his wife trying to stop him, he threw the baseball bat to the floor and stopped his action.

However, the child reported to the police that the client had assaulted the child and the child's mother, and this is how the case came about.

What Is Special Assault?

Unlike ordinary assault, where assault is committed with a dangerous object, the dangerousness is considered greater than that of ordinary 🔗assault, so the person is subject to aggravated punishment for special assault.

Special assault is an offense committed when a person assaults another ▲through the force of a group or multitude or ▲while carrying a dangerous object.

If a special assault charge is found to be established, the person is subject to imprisonment for not more than five years or a fine not exceeding ten million won.

The dangerous object referred to in special assault means an object capable of causing harm to a person's body.

Not only a dangerous weapon but even an everyday object may, depending on the purpose and manner of its use, be regarded as a dangerous object, so that special assault may be established.


■Everyday Objects Recognized as Instruments of Special Assault

1. Mobile Phone

This was a case in which a victim was injured after being struck on the head several times with a mobile phone.

In this case, the court viewed the mobile phone as a dangerous object used in the special assault.

The court determined that, because the mobile phone is made of a hard metal material, considering its size and weight, striking the head with the thin lower edge of the phone held upright could cause serious harm to the body.

The court stated that, while it cannot be denied that a mobile phone is an object widely carried and used for telecommunications in daily life and is a necessity for modern people, in light of the phone's durable material and the manner of its use, it may constitute an object highly likely to bring about a dangerous situation to the body when used as a tool for an act of violence.

2. Grill

This was a case in which a suspect who threw a meat grill was found guilty of special assault.

Although the victim was not struck directly by the grill, the court stated that "considering that the suspect threw the grill with enough force that it could reach the victim, and considering the shape and material of the grill, the suspect's conduct was such as to make the victim or a third party feel a threat to the body," and, regarding the grill as a dangerous object, it issued a guilty verdict.

2. Assistance Provided to Defend Against Punishment for Special Assault

The attorney set out to provide assistance to defend against punishment for special assault.

🔗View more case studies on defending against punishment for special assault (click)

Special Assault Defense Strategy, Arguing That He Never Struck or Hit Anyone

As a strategy to defend against punishment for special assault, the attorney first argued that, although the client did raise the baseball bat, he never swung it at the victims, struck them, or hit them.

The client did throw the baseball bat to the floor out of anger, but did not throw it toward the victims.

Special Assault Defense Strategy, Arguing the Victims' Intent in Reporting

To defend against punishment for special assault, the attorney in charge argued that the victims' report was presumed to have been made with malicious intent.

At the time, the victims, namely the child and the wife, were in serious conflict with the client.

The child had repeatedly urged the client's wife, who was the child's mother, to divorce the client, and had disregarded the client on every occasion.

In addition, when the victims left the house, they took with them all of the client's expensive electronic devices, various insurance policies, and securities.

The attorney in charge argued that the victims clearly intended to provoke the client's anger, falsely create evidence of assault, file a criminal complaint together with a divorce lawsuit, and obtain settlement money and consolation money from the client.

3. Result of the Punishment for Special Assault, Case Concluded With a Suspension of Indictment

As a result of the assistance provided to defend against punishment for special assault, the client successfully concluded the case with a suspension of indictment.

Through the attorney's assistance, the client reached an amicable settlement with the victims, and as a result, a decision of no right to prosecute was issued on the assault charge because the victim did not wish for punishment, and a disposition of suspension of indictment was obtained on the special assault charge.

Ordinary assault is a crime not punishable against the victim's will, meaning that where a settlement is reached with the victim and the victim does not wish for punishment, the person cannot be punished.

However, because special assault can be punished regardless of whether a settlement is reached with the victim, responding carefully with the help of an attorney can be helpful.

At Daeryun Law Firm, several attorneys review a single client's case and then quickly prepare written submissions, shortening litigation time and working toward a prompt resolution of the case.

If you need a defense against punishment for special assault in a situation such as the above, please receive a 🔗attorney referral from Daeryun Law Firm.

특수폭행처벌 | 억울한 특수폭행 혐의 의뢰인 도와 기소유예 마무리

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.

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