[Ilsan Criminal Attorney Suspended Sentence] Suspended Sentence Obtained With the Assistance of the Ilsan Criminal Attorney

The client went to a karaoke room with a coworker, and while returning home, bumped shoulders with a group of people who were passing by, which soon escalated into a fight.

At first the client did not take part in the altercation at all, but determining that the threatening conduct of the other group could escalate into a serious fight, the client pushed the other group with a hand and struck them with a foot while protesting.

Fearing an actual custodial sentence because the mutual assault was severe, the client requested the assistance of the Ilsan criminal attorney of Daeryun Law Firm.

■ Criminal Act Article 257 (Bodily Injury, Bodily Injury to a Lineal Ascendant)

(1) A person who inflicts bodily injury upon another shall 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.

(2) A person who commits the crime under paragraph (1) against the person's own lineal ascendant or that of the person's spouse shall be punished by imprisonment for not more than 10 years or a fine not exceeding 15 million won.

(3) An attempt to commit the crimes under the preceding two paragraphs shall be punished.

■ Criminal Act Article 258 (Serious Bodily Injury, Serious Bodily Injury to a Lineal Ascendant)

(1) A person who inflicts bodily injury upon another and thereby creates a danger to that person's life shall be punished by imprisonment for not less than 1 year and not more than 10 years.

(2) A person who, through bodily injury, causes disability or an incurable or hard-to-cure disease shall also be subject to the punishment under the preceding paragraph.

(3) A person who commits the crime under the preceding two paragraphs against the person's own lineal ascendant or that of the person's spouse shall be punished by imprisonment for not less than 2 years and not more than 15 years.

■ Criminal Act Article 258-2 (Special Bodily Injury)

(1) A person who commits the crime under Article 257 (1) or (2) by displaying the power of an organization or a multitude or by carrying a dangerous object shall be punished by imprisonment for not less than 1 year and not more than 10 years.

(2) A person who commits the crime under Article 258 by displaying the power of an organization or a multitude or by carrying a dangerous object shall be punished by imprisonment for not less than 2 years and not more than 20 years.

(3) An attempt to commit the crime under paragraph (1) shall be punished.

■ Criminal Act Article 260 (Assault, Assault on a Lineal Ascendant)

(1) A person who commits assault against the body of another shall be punished by imprisonment for not more than 2 years, a fine not exceeding 5 million won, detention, or a minor fine.

(2) A person who commits the crime under paragraph (1) against the person's own lineal ascendant or that of the person's spouse shall be punished by imprisonment for not more than 5 years or a fine not exceeding 7 million won.

(3) The crimes under paragraphs (1) and (2) may not be prosecuted against the expressed will of the victim.

Criminal Act Article 261 (Special Assault) A person who commits the crime under Article 260 (1) or (2) by displaying the power of an organization or a multitude or by carrying a dangerous object shall be punished by imprisonment for not more than 5 years or a fine not exceeding 10 million won.

■ The Ilsan criminal attorney emphasized that the client did not take part in the altercation at first, but that the other group engaged in threatening conduct, and that, believing this could escalate into a serious fight, the client carried out the assault while protesting.

■ The Ilsan criminal attorney emphasized that the client had lived as a diligent member of society with no prior criminal record.

■ The Ilsan criminal attorney emphasized that the client was also assaulted, is taking medication for anxiety and panic disorder as a result, and is going through painful days.

The court ruled, ‘The defendant is sentenced to 4 months of imprisonment. However, execution of the sentence against the defendant is suspended for 2 years from the date this judgment becomes final.’

The court accepted the arguments of the Ilsan criminal attorney of Daeryun Law Firm.

The client, who could have received an actual custodial sentence because the mutual assault was severe, received a suspended sentence with the assistance of the Ilsan criminal attorney of Daeryun Law Firm.

Are you in a situation, like the case above, where you have become involved in an assault and may receive an actual custodial sentence?

Please entrust your case to the Ilsan criminal attorney of Daeryun Law Firm, which has extensive experience and know-how in assault cases.

We will work toward a satisfactory result.