Mokpo Law Office | Non-Referral Decision Despite Four Charges Including Special Assault

1. Special Assault

Special assault refers to the offense of inflicting assault on a person's body while displaying the collective force of a group or carrying a dangerous object.

Because of the dangerousness of its method of commission, special assault carries a higher level of punishment than 🔗assault, and is punishable by imprisonment for up to 5 years or a fine of up to 10 million won.

2. Insult

🔗Insult is an offense committed when a person is publicly insulted in a way that harms their social standing.

In particular, insult has the feature of applying both offline and online.

For insult to be committed, the following must be established: ▲publicity, ▲an insulting expression, and ▲specificity.

If insult is found, imprisonment for 1 year or a fine of up to 3 million won may be imposed.

3. Boundary Encroachment

Boundary encroachment is an offense committed when one makes the boundary of land impossible to recognize.

Because land is private property, this law prevents in advance the possibility that the boundary line of the land becomes unclear and is infringed.

The objective elements of boundary encroachment are ▲the object of the act (a boundary marker concerning land), ▲the act (conduct that makes the boundary impossible to recognize), and ▲the resulting outcome (causing a state in which the boundary effectively cannot be recognized).

The subjective element of boundary encroachment is ▲intent.

4. Destruction of Property

This refers to the act of destroying or concealing another person's property, documents, electronic records, and the like. Destruction of property is committed when such conduct impairs the utility of the property.

For 🔗destruction of property to be committed, the following are required: ▲an object such as another person's property, documents, or electronic records that has utility, ▲breaking, destroying, or deleting records and the like, ▲having the intent to destroy, and ▲the property actually being damaged.

If destruction of property is found, it is punishable by imprisonment for up to 3 years or a fine of up to 7 million won.

The Mokpo law office attorney denied all of the alleged facts that the complainant attributed to the client.

The complainant claimed that, during an argument with the client, the client made gestures with a support post and used insulting language, but this was entirely untrue.

The Mokpo law office attorney emphasized that the support post in question was used to mark the boundary between the client's and the complainant's land, and that no profanity or insulting language was used in this process.

In this case, the client was not required to obtain the consent of the complainant, the adjacent landowner, in conducting the boundary survey, but as a neighbor seeking to maintain as amicable a relationship as possible, the client notified the complainant about the boundary survey and sought cooperation.

The Mokpo attorney emphasized that, contrary to the complainant's claim, the purpose was a boundary survey rather than boundary encroachment.

The attorney also argued that, because the wall damaged during the boundary survey was also owned by the client, charges such as destruction of property could not apply.