CONTENTS
- 1. Gangnam Attorney | Case Background
- - Occurrence of the Assault Case
- - Summary of the Assault Case Timeline
- - Why a Gangnam Attorney May Be Needed to Handle a Settlement
- 2. Gangnam Attorney | Case Review
- - Issues
- - Review of the Relevant Legal Principles
- 3. Gangnam Attorney | Assistance Provided
- 4. Gangnam Attorney | Settlement Reached, Concluded With No Right to Prosecute and Non-Prosecution
1. Gangnam Attorney | Case Background
The Gangnam attorney’s client, having earned large profits from stocks, had gifted stocks to his wife.
He later asked his wife to transfer them into their child’s name, but she strongly asserted ownership over the stock profits and did not return them, which led to a situation in which they frequently quarreled.
In addition, the wife was also keeping the certificate of registered title for the jointly owned real estate.
Although the client requested its return several times, she did not return it.
In this process, his relationship with his mother-in-law, with whom they lived, also deteriorated, and on the day of the incident he ended up in a verbal dispute with his mother-in-law.
Occurrence of the Assault Case
The client was suspected of assaulting his mother-in-law and wife.
The client acknowledged that he had shouted loudly, but argued that he had not committed assault by exercising force.
He stated, however, that because he had no intention of continuing a legal dispute with his family, he wished to resolve the matter through an amicable settlement.
He therefore requested that a Gangnam attorney at Daeryun Law Firm handle the settlement on his behalf.
Summary of the Assault Case Timeline
The Gangnam attorney organized the timeline of the client's case.
Frequent arguments with the wife over the issue of gifting stock ↓ When the wife loudly uttered abusive language, the client covered her mouth once with his hand out of concern that the children might hear ↓ The wife claims that she was slapped once on the cheek at this time ↓ On another day, with the mother-in-law and the client alone remaining in the house, he searched the house to find the registration certificate ↓ At this time the mother-in-law and the client had a serious argument ↓ Leaving behind the mother-in-law who was trying to stop the client's actions, he continued to search the house to find the registration certificate ↓ The mother-in-law called the wife and falsely claimed that she had been hit by the client ↓ Paramedics and police arrived and separated the client and the mother-in-law ↓ The mother-in-law claimed to the police that the client grabbed both of her arms and shook them hard ↓ A situation in which the client was wrongly booked on charges of assault against a lineal ascendant and assault |
Why a Gangnam Attorney May Be Needed to Handle a Settlement
As in the client's case, the crime of assault is a 'crime not punishable against the victim's will,' so if an amicable settlement is reached with the victim, the prosecutor cannot institute a public prosecution.
However, cases in which family emotions are involved are not easy to settle, and if a party is unfamiliar with the legal procedures, negotiations may proceed unfavorably.
In particular, in the case of a charge of assault against a lineal ascendant, heavy punishment is legally possible, so a prompt settlement is important.
Accordingly, the Gangnam attorney at Daeryun Law represented the client in the settlement in order to bring about a smooth negotiation with the victim.
By obtaining a settlement agreement from the victim and submitting it to the investigative authorities, we assisted the client in obtaining a decision of no right to prosecute.
2. Gangnam Attorney | Case Review
The Gangnam attorney analyzed the issues in this case and worked to find a way to reach an amicable settlement.
In particular, the attorney 🔗assault against a relative reviewed the legal principles relating to assault against a relative and examined the punishment the client might face.
Issues
Issue | Details |
Charge of assault against the wife | ▷ It was not an intentional assault involving the exercise of force ▷ He placed his hand over the wife's mouth to temporarily stop her abusive language, but this was misunderstood as slapping her on the cheek |
Charge of assault against the mother-in-law | ▷ Apart from arguing loudly, there was no physical contact |
Charge of emotional abuse of the children | ▷ While he did throw the children's clothes in the process of searching for the registration certificate, this was not conduct directed at the children and amounted to nothing more than the house being in disarray ▷ At the time the children were in the living room, so there was no reason for them to feel an emotional threat |
Review of the Relevant Legal Principles
<🔗Assault Elements of the Offense>
Objective elements | Subjective elements |
1. A spouse (including a person in a marital relationship) or a former spouse 2. A person who is or was in a lineal ascendant or descendant relationship with oneself or one's spouse (including an adoptive parent-child relationship) 3. A person who is or was in a stepparent-child relationship or a stepmother-child relationship 4. A cohabiting relative | 1. There must be conduct and intent corresponding to assault against a relative 2. This includes not only physical blows but all exercises of force (Examples: throwing water, startling with noise, blowing cigarette smoke, and the like are also included) 3. There must be an intent to assault a lineal ascendant 4. If a person assaults a lineal ascendant while attempting to assault another, it is judged as ordinary assault |
Ordinary assault | Imprisonment for not more than 2 years or a fine of not more than 5 million won, detention, or a minor fine |
Assault against a relative | Imprisonment for not more than 5 years or a fine of not more than 7 million won |
Offense | Sentence |
Assault against a lineal ascendant resulting in death or injury (where it results in death or injury) | (Injury) Imprisonment for not more than 10 years or a fine of not more than 15 million won (Death) Life imprisonment or imprisonment for not less than 5 years |
Where committed habitually | Aggravation by up to one-half of the prescribed sentence and suspension of qualifications for not more than 10 years |
3. Gangnam Attorney | Assistance Provided
The Gangnam attorney rebutted the content of the charge against the client.
The attorney also contacted the victims directly and led the settlement.
Drawing on the characteristics of a crime not punishable against the victim's will, the attorney handled the settlement on the client's behalf so that a no-right-to-prosecute decision would be rendered.
Argument | Content |
No physical assault | No fact of assaulting the wife and mother-in-law |
No evidence of emotional abuse | The house became disordered in the course of looking for the registration document, but the children did not see this |
Settlement reached with the victims | The Gangnam attorney mediated the dialogue with the victims and coordinated the relationship |
4. Gangnam Attorney | Settlement Reached, Concluded With No Right to Prosecute and Non-Prosecution
With the assistance of the Gangnam attorney, the client reached an amicable settlement with the victims.
Because assault is a crime not punishable against the victim's will, the prosecution determined that it could not punish the client against the victims' wishes, and issued a no right to prosecute disposition.
If you are in a difficult situation due to a similar case, please consider speaking with an attorney through a 🔗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.
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