CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Anyang Law Office
- 2. The Laws Relevant to the Case as Explained by the Anyang Law Office
- 3. The Assistance Provided by the Anyang Law Office
- - Anyang Law Office Argument ① Causation
- - Anyang Law Office Argument ② Foreseeability
- 4. The Court's Decision on the Anyang Law Office's Arguments
- - If You Need the Help of the Anyang Law Office
1. The Client's Situation
The client sought out an Anyang attorney to seek advice on proceeding with representation in filing a complaint and on how to respond, and explained the detailed background of the case.
How the Client Came to the Anyang Law Office
The account of the client to request help is as follows.
The client had been active on a basketball team for a long time and was on close terms with his friends.
One day, no different from any other, the client came into conflict with a friend during basketball training.
The argument gradually escalated and soon turned into a physical fight.
Unable to contain his anger, the friend shoved the client's body and struck his eye with his fist, causing his vision to drop below 0.02 and bringing him to a state close to blindness.
The client suffered an aggravated bodily injury requiring six months of treatment, but the friend, far from showing remorse, only appeared preoccupied with escaping the situation.
The client came to an Anyang attorney to proceed with representation in filing a complaint through the assistance of an attorney and to hold the friend responsible for 🔗assault/infliction of bodily injury.
2. The Laws Relevant to the Case as Explained by the Anyang Law Office
The client, as a victim of aggravated bodily injury, sought to proceed with representation in filing a complaint.
The crime of serious bodily injury refers to a case where bodily injury causes a danger to life, or leads to disability or to an incurable or hard-to-cure disease.
If this charge is established, a person may be punished under the following provision.
Serious Bodily Injury (Criminal Act Article 258)
(1) A person who inflicts bodily injury on another and causes a danger to life shall be punished by imprisonment for not less than one year and not more than ten years.
(2) The same punishment shall apply to a person who, through bodily injury, causes disability or an incurable or hard-to-cure disease.
Precedents on Serious Bodily Injury
Examples Recognized in Precedent
① A cut to the bridge of the nose 2.5 cm long and 0.56 cm deep (Supreme Court 70Do1638)
② Loss of sight (Supreme Court 4292Hyeongsa395)
③ Difficulty in articulation due to a 1.5 cm severance of the tongue (Busan District Court 64Go6813)
Examples Not Recognized in Precedent
① A chest stab wound requiring 3 weeks of treatment and a leg fracture requiring 1 to 2 months of treatment (Supreme Court 2005Do7527)
② Dislocation of 2 teeth (Supreme Court 4292Hyeongsang413)
3. The Assistance Provided by the Anyang Law Office
The Anyang Law Office formed a TF of 3 to 20 members with extensive experience in serious bodily injury cases, established a strategy, and presented the following arguments.
1. Is a causal relationship recognized between the accused's conduct and the result of serious bodily injury?
2. Was the result of serious bodily injury foreseeable to the accused?
Anyang Law Office Argument ① Causation
The client's eyesight was at a very good level before this incident, and the client had no eye disease and no history of treatment related to any trauma.
It is a clear fact that the accused's assault caused the result of serious bodily injury to the client.
The attorney therefore emphasized that a causal relationship is recognized between the accused's conduct and the result of serious bodily injury.
Anyang Law Office Argument ② Foreseeability
The area around a person's eyes is easily injured even by the exercise of mild force, and an ordinary person can readily foresee that the exercise of strong force may cause loss of sight or serious harm.
The client was assaulted, and the degree of harm was very severe, to the point that the area around the eyes swelled badly and the client lost consciousness immediately after the assault.
The attorney emphasized that the accused could readily have foreseen that the client might suffer a permanent decline in eyesight that could not be treated.
4. The Court's Decision on the Anyang Law Office's Arguments
The court, accepting the Anyang Law Office's arguments, issued a judgment that ‘the defendant is sentenced to one year of imprisonment.’
The client, who proceeded with the representation in filing the complaint, expressed deep gratitude to the Anyang attorney.
If You Need the Help of the Anyang Law Office
The case above was an instance in which a client who proceeded with the representation in filing a complaint for serious bodily injury obtained a sentence of imprisonment against the perpetrator.
Because the physical and psychological harm to the victim in serious bodily injury cases is significant, accurate 🔗collection and investigation of evidence and a systematic legal response are important.
Drawing on experience focused on serious bodily injury cases, Daeryun prepares complaints that reflect the victim's condition and establishes tailored strategies that emphasize the seriousness of the case.
🔗Attorneys experienced in criminal matters actively assist clients from the consultation through the conclusion of the case.
If you need advice and legal assistance regarding the procedure for representation in filing a complaint, please request help at any time through the Anyang Law Office 🔗legal consultation booking.
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.
