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Deals & Cases

Assault Resulting in Injury, etc.

Wonju Attorney's Office Assistance | A Client Charged with Assault Resulting in Injury and Other Offenses Defends Against Imprisonment to Obtain a Suspended Sentence

The client was involved in multiple criminal matters, including assault resulting in injury, and sought out the attorney to seek advice and requested a careful consultation.

CONTENTS
  • 1. The Client Who Sought Out the Wonju Attorney's Office
    • - How the Client Came to Seek Out the Wonju Attorney's Office
  • 2. The Laws Relevant to the Case, as Explained by the Wonju Attorney's Office
  • 3. The Wonju Attorney's Office's Assistance
    • - Wonju Attorney's Office Argument ① There Was No Intent to Cause Injury
    • - Wonju Attorney's Office Argument ② Settlement
    • - Wonju Attorney's Office Argument ③ No Prior Criminal Punishment
  • 4. The Court's Decision on the Wonju Attorney's Office Argument
    • - If You Need the Help of a Wonju Attorney's Office

1. The Client Who Sought Out the Wonju Attorney's Office

Wonju Attorney's Office

The client sought out the attorney in order to have a consultation and to succeed in defending against punishment, drawing on a substantial body of case-handling experience.

How the Client Came to Seek Out the Wonju Attorney's Office

The account of the client who sought out the attorney for assistance is as follows.

The client got into an argument with his girlfriend, the victim, in an apartment parking lot.

At first the two were only arguing, but as his girlfriend continued to refuse to accept his views, the client gradually grew angry.

Unable to contain his anger, the client ultimately had his girlfriend get out of the car, then grabbed her by the hair and knocked her down, causing bruising to her leg.

On top of this, he caused her to hit the area of her ear against the vehicle, inflicting a contusion that required approximately two weeks of treatment.

Booked on multiple charges, including assault resulting in injury, the client faced the risk of severe punishment and decided to seek assistance from an attorney.

The client sought out the attorney in order to handle the case together with a law firm holding a substantial body of case-handling experience in various 🔗assault and bodily injury matters and to succeed in defending against punishment.

2. The Laws Relevant to the Case, as Explained by the Wonju Attorney's Office

Involved in the crimes of assault resulting in injury and destruction of property, the client sought out the attorney in order to reduce the sentence as much as possible.

The crime of assault resulting in injury refers to an offense committed when the victim sustains bodily injury as a result of the perpetrator's act of assault.

Unlike simple assault, the crime of assault resulting in injury involves bodily injury, so the perpetrator may be punished regardless of the victim's intent as to punishment.

If this charge is established, it is punishable by imprisonment for up to 7 years, suspension of qualifications for up to 10 years, or a fine of up to KRW 10 million.

In addition, if the charge of destruction of property is established, it is punishable by imprisonment for up to 3 years or a fine of up to KRW 7 million.

Precedents Related to Assault Resulting in Death or Injury

Precedent Recognizing Assault Resulting in Death or Injury


Where, in order to assault a victim who had hidden in a restroom, defendant A guarded the restroom while defendant B broke down the door by striking it with billiard equipment, and the victim, feeling threatened, tried to hide outside the restroom window but lost his footing and fell to his death, the crime of assault resulting in death is established as a joint principal offense (90Do1786).

Precedent Denying Assault Resulting in Death or Injury


If a victim who was arguing stepped backward, tripped over an iron stand, and fell, then even if it could have been foreseen that he might trip over an obstacle and fall, it would be difficult to foresee that he would, in falling to that extent, strike his head on the ground and die of a skull fracture, so liability for the crime of assault resulting in death cannot be imposed (25. 90Do1596).

3. The Wonju Attorney's Office's Assistance

The attorney's office reviewed the legal basis and the relevant laws, and responded by establishing an appropriate litigation strategy based on past precedents.

Wonju Attorney's Office Argument ① There Was No Intent to Cause Injury

At the time of the assault, the client's emotions became heated during the argument with the victim, but he had no intent whatsoever to cause injury.

He acted aggressively because he could not contain a momentary surge of anger, but he did not anticipate that the result would lead to injury.

The client emphasized that he acknowledged his conduct was wrong and was deeply remorseful for the harm he had caused the victim.

Wonju Attorney's Office Argument ② Settlement

Immediately after the incident, the client realized his wrongdoing, apologized to the victim, and voluntarily confessed the matter to the police.

He is deeply remorseful that he failed to control a momentary emotion and caused the victim an indelible wound.

The client did his utmost to restore his relationship with the victim, and as a result, an amicable settlement was reached.

The attorney emphasized that the victim had expressed an intention not to seek punishment of the client.

Wonju Attorney's Office Argument ③ No Prior Criminal Punishment

The client had no record of any prior criminal punishment before this incident occurred.

The client had ordinarily lived a diligent life, but at the time of the incident, the client was unable to contain anger and committed the offense impulsively.

The client emphasized a firm resolve to take this case as a lesson and never to commit the same wrong again.

4. The Court's Decision on the Wonju Attorney's Office Argument

Accepting the argument of the Wonju attorney's office, the court ultimately imposed a suspended sentence.

The client expressed deep gratitude to the Wonju attorney.

If You Need the Help of a Wonju Attorney's Office

The case above was one in which the client, who was implicated in multiple charges including assault resulting in injury, received a suspended sentence through the assistance of the Wonju attorney.

If you are implicated in a criminal case, consulting an attorney in the early stages of the case can be helpful in avoiding unnecessary punishment arising from unfavorable statements.

Daeryun holds extensive data from handling various assault cases, and its 🔗criminal attorneys collaborate with professionals in various fields to prepare systematic responses.

If you need the help of an attorney in a situation similar to the case above, you may entrust your case to a criminal attorney through a 🔗legal consultation booking.

원주변호사사무실 조력 | 폭행치상 등 의뢰인, 집행유예 방어

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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