CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Jeju Law Office
- 2. Statutes Related to the Case as Explained by the Jeju Law Office
- 3. The Jeju Law Office's Assistance
- - Jeju Law Office Argument ① A Spur-of-the-Moment Offense
- - Jeju Law Office Argument ② Confession and Remorse
- - Jeju Law Office Argument ③ Efforts to Repair the Harm
- 4. The Court's Decision on the Jeju Law Office's Arguments
- - If You Need the Help of the Jeju Law Office
1. The Client's Situation
The client requested assistance from the Jeju attorney, wishing to receive a consultation and entrust the case to a law office with extensive data on handling various criminal cases.
How the Client Came to the Jeju Law Office
The client was returning home after meeting friends for drinks for the first time in a while.
Having arrived at the apartment complex, the client was walking around the area to take a stroll before going inside.
Before long, the client decided to speak to a high school student who was playing at a nearby playground.
As the unfamiliar client kept talking to the student, the student felt uncomfortable and asked him to stop talking to him.
Thinking that the student was disregarding him, the client could not contain his anger and assaulted the student, kicking him in the face and abdomen about 15 times.
As a result, the victimized student suffered a fracture requiring about three weeks of treatment.
Involved in 🔗assault/infliction of bodily injury, the client requested help from the Jeju attorney, seeking to reduce the sentence as much as possible.
2. Statutes Related to the Case as Explained by the Jeju Law Office
The client, who requested help from the Jeju attorney, was at risk of being punished on a charge of infliction of bodily injury.
Infliction of bodily injury is an offense committed when a person intentionally inflicts bodily injury on another.
If a charge of infliction of bodily injury is established, a person may be punished under the following provisions.
Article 257 of the Criminal Act (Bodily Injury, Bodily Injury to a Lineal Ascendant)
(1) A person who inflicts bodily injury on the body of another shall be punished by imprisonment for not more than seven years, suspension of qualifications for not more than ten years, or a fine not exceeding 10 million won.
Article 260 of the Criminal Act (Assault, Assault Against a Lineal Ascendant)
(1) A person who commits assault against the body of another shall be punished by imprisonment for not more than two years, a fine not exceeding 5 million won, detention, or a minor fine.
Difference Between Infliction of Bodily Injury and Assault
Infliction of bodily injury and assault have the following differences.
Assault | Bodily Injury | |
Determination | Applies if there is merely a risk | Requires a direct infringement |
Punishment | Imprisonment for not more than 2 years, a fine not exceeding 5 million won, detention, or a minor fine | Imprisonment for not more than 7 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won |
Notable Points | Withdrawn upon settlement No punishment for an attempt | Punishable even if a settlement is reached Attempts are punishable |
3. The Jeju Law Office's Assistance
The Jeju law office analyzed the applicable statutes and precedents to establish a strategy, and earnestly pleaded for leniency for the client by making the following arguments.
Jeju Law Office Argument ① A Spur-of-the-Moment Offense
The client had been under stress for a long time due to conflict with a supervisor at work.
On the day of the incident, the client, who had been under severe stress, felt disregarded by the victim, became angry, and committed the offense on a spur-of-the-moment basis.
The client emphasized that, regardless of how the incident came about, he showed deep remorse for having acted in an unforgivable manner toward the victim.
Jeju Law Office Argument ② Confession and Remorse
After the incident, the client fully admitted his wrongdoing even during the police investigation and actively cooperated with the investigative agency's inquiry.
The client deeply felt his responsibility for having caused significant harm to the victim through this incident.
He emphasized that he had firmly resolved never to commit the same wrongdoing again and had written a letter of apology.
Jeju Law Office Argument ③ Efforts to Repair the Harm
The client came to understand the victim's shock and fear, and believed that only by leaving the neighborhood could the victim return to daily life.
The client therefore went to a real estate office the very next day, found a place to move to, and completed the move.
The client emphasized that, by voluntarily leaving the victim's living area, he had made sincere efforts to ease the victim's fear and allow the victim to return to daily life.
4. The Court's Decision on the Jeju Law Office's Arguments
Accepting the Jeju law office's arguments, the court issued the decision that ‘the defendant shall be sentenced to six months of imprisonment. However, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final.’
The client conveyed deep thanks to the Jeju attorney.
If You Need the Help of the Jeju Law Office
The above was a case in which a client involved in a charge of infliction of bodily injury obtained a suspended sentence through the assistance of the Jeju law office.
At Daeryun Law Firm, 🔗criminal attorneys with experience in handling various criminal cases actively assist clients based on a deep understanding of each case.
For each case, a task force of 3 to 20 criminal practitioners is formed to systematically analyze the case, collect evidence, and respond with a systematic strategy.
If you are facing difficulties in a situation similar to the above case, please feel free to entrust your case through a criminal attorney 🔗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.
