CONTENTS
- 1. The Client Who Sought a Special Bodily Injury Attorney
- - The Client Who Requested a Suspended Sentence
- 2. Reviewing the Client's Charge with the Special Bodily Injury Attorney
- - Sentencing Guidelines for Special Bodily Injury
- 3. The Special Bodily Injury Attorney's Defense of the Client
- - “The Client Is Remorseful for the Offense”
- - “The Client Operates a Business”
- 4. The First-Instance Judgment Obtained by the Special Bodily Injury Attorney
- - Handling the Settlement
- 5. The Appellate Judgment Obtained by the Special Bodily Injury Attorney
1. The Client Who Sought a Special Bodily Injury Attorney
The client who sought a special bodily injury attorney requested assistance in defending against criminal punishment, explaining that he was facing a charge of special bodily injury.
The attorney set out to understand the case in order to assist the client, and the facts were as follows.
The client explained that he had left his girlfriend's home in anger after an argument with her, and that his girlfriend had grabbed and pulled his arm to stop him.
The client forcefully shook off his girlfriend's hand, and in the process she fell and suffered a fracture to her nose.
A report was made to 119, the police were dispatched, the case was registered as special bodily injury, and after the investigation the client was indicted and awaiting trial.
The Client Who Requested a Suspended Sentence
The client explained that he had not yet reached a settlement with his girlfriend.
The client asked for help in reaching an amicable settlement with his girlfriend and, at the same time, requested a suspended sentence for special bodily injury.
2. Reviewing the Client's Charge with the Special Bodily Injury Attorney
The charge against the client was special bodily injury. Special bodily injury is an offense committed when a person inflicts bodily injury on another by displaying the force of a group or a crowd, or by carrying a dangerous object.
Bodily injury here generally refers to the impairment of the integrity of the body or of its physiological functions.
Because special bodily injury is an offense of inflicting injury on a person by special means, it is punished more severely than simple infliction of bodily injury.
Supreme Court Judgment No. 97Do597 holds that a dangerous object in the offense of special bodily injury includes any object that, even if not a weapon, can broadly be used to harm the life or body of a person.
Sentencing Guidelines for Special Bodily Injury
Under the Criminal Act, the offense of special bodily injury carries no fine and is punishable by imprisonment of at least 1 year and up to 10 years, and attempts are also punishable.
The Sentencing Commission sets the baseline for the offense of special bodily injury at imprisonment of at least 6 months and up to 2 years.
If mitigating factors are present, such as a minor degree of injury, no prior criminal record, substantial recovery of the victim's loss, or particularly extenuating circumstances regarding participation in the offense, imprisonment of at least 4 months and up to 1 year may be imposed.
3. The Special Bodily Injury Attorney's Defense of the Client
To meet the client's request, the special bodily injury attorney mounted the following defense.
“The Client Is Remorseful for the Offense”
The special bodily injury attorney emphasized that the client was sincerely remorseful for the offense in this case.
After being taken into custody in the courtroom, the client reflected on his conduct during his confinement and prepared a letter of apology to the victim as well as a letter of apology.
In addition, although he had not reached a settlement with the victim, he made a substantial criminal deposit.
“The Client Operates a Business”
The special bodily injury attorney emphasized that the client operates a business and that disruptions were arising in its operation.
While the client should be punished for what he did wrong, problems were also arising for the livelihoods of the employees at his business, who are third parties.
On these grounds, the special bodily injury attorney requested that the client be granted the leniency of a suspended sentence.
4. The First-Instance Judgment Obtained by the Special Bodily Injury Attorney
The first-instance court noted that, although the client had confessed to the offense and made a criminal deposit for the victim, the injury the victim suffered was not minor, and it sentenced him to 10 months' imprisonment.
The special bodily injury attorney had to immediately prepare a strategy to obtain a reduction of sentence through the appellate proceedings.
Handling the Settlement
The special bodily injury attorney handled the settlement with the victim in this case on the client's behalf.
After persistent persuasion by the attorney, the victim visited the detention center where the client was held, forgave the client, and reached a settlement.
The client also no longer showed any violent behavior and was making efforts to restore his relationship with the victim.
The special bodily injury attorney emphasized that the victim in the client's case did not wish for the client to be punished and requested a reduction of sentence.
5. The Appellate Judgment Obtained by the Special Bodily Injury Attorney
As a result of the special bodily injury attorney's handling of the settlement and the appellate pleadings, the court reversed the lower court's judgment of 10 months' imprisonment and imposed a suspended sentence.
The client in this case faced the risk of serving a prison term over a single momentary mistake, but because the matter was handled with the attorney's strategy, the prison term was defended against with a suspended sentence.
In the case of special bodily injury, a much higher level of punishment is prescribed than for simple bodily injury, and an actual custodial sentence may be imposed even if the victim expresses a wish not to have the offender punished, so caution is needed.
This firm analyzes the client's case and prepares a strategy to obtain a favorable outcome.
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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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