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Deals & Cases

Negligent Infliction of Injury

Cheongju Law Firm Assistance Case | Acquittal of Negligent Infliction of Injury by Establishing the Absence of Causation

The client faced the risk of criminal punishment for negligent infliction of injury that he had been wrongly accused of. In response, the Cheongju criminal attorney provided assistance to obtain the client's acquittal.

CONTENTS
  • 1. The Client's Situation
    • - How the Incident That Brought the Client to the Cheongju Law Firm Arose
    • - What Is Negligent Infliction of Injury, as Explained by the Cheongju Law Firm?
    • - The Issues in the Case as Organized by the Cheongju Law Firm
  • 2. The Assistance Provided by the Cheongju Law Firm
    • - Cheongju Law Firm Argues It Cannot Be Concluded That the Victim Collided with the Client
    • - Cheongju Law Firm Argues the Absence of Causation Between the Injury and the Breach of the Duty of Care
    • - Cheongju Law Firm Argues There Were Contradictions in the Victim's Statements
  • 3. Result of the Cheongju Law Firm's Assistance, Acquittal of Negligent Infliction of Injury
    • - If You Are Looking for a Cheongju Law Firm

1. The Client's Situation

The client was accused of negligent infliction of injury.

In response, she came to the criminal attorney at the Cheongju law firm, who has extensive experience handling criminal cases, and requested a consultation.

Cheongju Law Firm-Negligent Infliction of Injury

How the Incident That Brought the Client to the Cheongju Law Firm Arose

The background of the client's negligent infliction of injury case, as identified by the criminal attorney at the Cheongju law firm, is as follows.

On the day of the incident, the client visited a hospital to care for her hospitalized older sister.

As the client was leaving the hospital room and passing through an automatic door, an elderly person coming the other way fell, and an accident occurred.

As a result of this accident, the victim suffered a fracture and received 12 weeks of treatment, and the victim claimed that the accident occurred because she had collided with the client.

However, the client, who had in fact never collided with anyone, simply felt wronged.

In response, the client requested assistance from the Cheongju law firm in order to prove her innocence of the negligent infliction of injury.

What Is Negligent Infliction of Injury, as Explained by the Cheongju Law Firm?

Negligent infliction of injury is a crime of causing bodily injury to another person through negligence, and it is subject to criminal punishment.

Negligence applies, for example, where a person causes an accident by failing to fulfill a duty of care. When the crime is established, the offender may be punished by a fine of up to 5 million won, detention, or a minor fine.

Criminal Act Article 266 (Negligent Infliction of Injury)

(1) A person who causes bodily injury to another through negligence shall be punished by a fine not exceeding 5 million won, detention, or a minor fine.
(2) The crime under paragraph (1) may not be prosecuted against the clearly expressed will of the victim.

The Issues in the Case as Organized by the Cheongju Law Firm

The charge against the client was that, although she had a duty of care to walk safely, including keeping a lookout ahead, she failed to observe this duty and caused injury to the victim.

Accordingly, the main issues in this case were two: whether the client had breached her duty of care, and whether the victim's injury was caused by the client's negligence.

In other words, establishing whether causation existed between the two events was the most important matter.

To establish this, the criminal attorney at the Cheongju law firm closely analyzed the evidence and statements.

2. The Assistance Provided by the Cheongju Law Firm

The Cheongju law firm analyzed the case in various ways and conducted the defense in order to prove that the charge against the client was unjust.

Cheongju Law Firm Argues It Cannot Be Concluded That the Victim Collided with the Client

The Cheongju criminal attorney emphasized that the categorical assertion that the client and the victim collided at the time of the incident could not be established.

To support this, the attorney requested an expert appraisal of the incident CCTV footage from the National Forensic Service.

On this basis, the attorney argued the appraisal finding that the cause of the victim's fall was most likely a loss of balance due to her treatment and advanced age, rather than a collision with the client.

Cheongju Law Firm Argues the Absence of Causation Between the Injury and the Breach of the Duty of Care

The Cheongju criminal attorney argued that, even if the client had made contact with the victim, the contact was so slight that it would not have delivered a significant impact.

The scientific appraisal results proved that, even if the client and the victim had made contact, no significant force was applied, and that the victim's injury was caused by another factor.

The attorney also emphasized that the client had turned to avoid colliding with the victim as she passed through the door and had walked safely.

Cheongju Law Firm Argues There Were Contradictions in the Victim's Statements

The Cheongju criminal attorney analyzed the victim's medical records and the content of her statements.

As a result, it was found that the victim had initially stated that she had lost her footing and fallen, but that she changed her statement during the police investigation to say that she had collided with the client.

On this basis, the attorney argued that the victim's statements lacked consistency, which undermined their credibility.

3. Result of the Cheongju Law Firm's Assistance, Acquittal of Negligent Infliction of Injury

The court accepted all of the arguments that the criminal attorney at the Cheongju law firm had prepared with full effort and acquitted the client of the negligent infliction of injury charge.

This was thanks to proving that the client had not breached her duty of care and establishing that no causation existed between the victim's injury and the client's negligence.

If You Are Looking for a Cheongju Law Firm

The above case was an example in which a client who had been wrongly accused of negligent infliction of injury and faced the risk of criminal punishment was acquitted with the help of a 🔗Cheongju attorney.

If you become involved in a negligent infliction of injury case, a process of closely analyzing the causation between the victim's injury and your own negligence, the credibility of the victim's statements, and similar factors is needed.

On that basis, it is also important to deny your negligence, gather evidence that negates the causation between the injury and the negligence, and respond legally.

At Daeryun Law Firm, criminal attorneys with practical investigation and trial experience conduct examinations similar to those in an investigation and establish case strategies.

In addition, depending on the scale and complexity of the case, they collaborate with attorneys experienced in each relevant field to provide systematic assistance.

If you are looking for a Cheongju law firm to assist you in this way, please feel free to request a consultation at any time through a 🔗legal consultation appointment.

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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.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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