CONTENTS
- 1. The Circumstances of the Case of the Client Subject to an Assault Complaint
- 2. What Is the Anticipated Penalty Range for the Client Subject to an Assault Complaint?
- 3. What Was the Strategy for Defending Against Punishment for the Client in the Assault Complaint?
- - Settlement of the Assault Complaint Reached With the Victim Through the Assault Attorney's Assistance
- - Argument That the Client Sincerely Regrets and Repents the Charges and Presents No Risk of Reoffending
- 4. Non-Prosecution Disposition Obtained After Assisting the Client in the Assault Complaint
1. The Circumstances of the Case of the Client Subject to an Assault Complaint
The circumstances of the client's case, who came regarding an assault complaint, are as follows.
The client was waiting at a restaurant for an acquaintance who had gone to the restroom while drinking.
While waiting for a long time, he got into an altercation with a customer at the next table, and the intoxicated client, becoming angry, struck the other party in the face several times.
Afterward, saying that an assault complaint had been filed by the police, he came to the firm and requested attorney assistance and settlement representation from the early stages of the case.
2. What Is the Anticipated Penalty Range for the Client Subject to an Assault Complaint?
To assist the client, who faced the risk of punishment from an assault complaint, the attorney reviewed matters relating to the crime of assault.
Under the Criminal Act, assault is the crime of exercising physical force against the body of a person.
🔗assault The level of punishment when this crime is committed is as follows.
| Assault (Criminal Act Article 260, paragraph 1) Punishable by imprisonment with labor for not more than 2 years, a fine of not more than 5 million won, detention, or a minor fine. |
Physical force as referred to in the law means the exercise of physical power, whether indirectly or directly.
Even if it is not the exercise of physical force by directly striking someone, under the scope of physical force, force exercised indirectly can also constitute assault.
The concept of assault under the Criminal Act is divided as follows.
| The exercise of any kind of physical force, whether against a person or against an object |
| The direct or indirect exercise of physical force against a person |
| The direct or indirect exercise of physical force against the body of a person |
| The exercise of physical force sufficient to suppress the other party's resistance |
Beyond this, exercising assault while carrying a dangerous object constitutes the crime of special (aggravated) assault, and causing the death of a person through assault or special assault constitutes the crime of assault resulting in death, with punishment aggravated to a heavier penalty.
The levels of punishment for special assault and for assault resulting in death or injury are as follows.
Special assault (Criminal Act Article 261) The crime of committing assault by showing the force of a group or multitude, or while carrying a dangerous object |
| Imprisonment with labor for not more than 5 years or a fine of not more than 10 million won |
| Assault resulting in death or injury (Article 262) Where a person commits the crimes under Articles 260 and 261 and thereby causes the death of or injury to a person, the provisions of Articles 257 through 259 shall apply. | |
| A person who injures the body of another | A person who injures the body of another and thereby causes death |
| Imprisonment with labor for not more than 7 years, suspension of qualifications for not more than 10 years, or a fine of not more than 10 million won | Imprisonment with labor for a definite term of at least 3 years~ |
Assault is a crime not punishable against the victim's will, so if a settlement is reached through an active attempt to settle with the victim, the possibility of receiving leniency is high.
The client in this case also realized the seriousness of the assault complaint and wished to reach an amicable settlement with the victim through the attorney's assistance and resolve the case quickly.
3. What Was the Strategy for Defending Against Punishment for the Client in the Assault Complaint?
The assistance provided to defend against punishment for the client who was the subject of an assault complaint is as follows.
Settlement of the Assault Complaint Reached With the Victim Through the Assault Attorney's Assistance
To defend against punishment for the client who faced an assault complaint, the attorney reached a settlement on behalf of the victim.
The settlement amount the victim initially demanded was excessive, and in this process, through the attorney's legal assistance and an amicable adjustment, the settlement amount was adjusted, and a statement of no desire for punishment was also obtained, securing the victim's intent that she did not wish for the client to be punished.
Given the nature of the crime of assault as a crime not punishable against the victim's will, the attorney earnestly requested that a non-prosecution disposition be issued for the client, arguing that punishment is not possible if the victim does not wish it.
Argument That the Client Sincerely Regrets and Repents the Charges and Presents No Risk of Reoffending
The attorney argued that the client appeared at the police, stated that he admitted all of his charges and was reflecting, and, moreover, sincerely reflected on his wrongdoing both while the investigation was underway and after it had concluded.
The attorney also submitted a letter of reflection written by the client himself and argued that the client, ordinarily a diligent head of a household, sincerely feels ashamed of having committed such an act.
The attorney further requested that consideration be given to the fact that the client, a diligent member of society who had never once committed a crime, is reflecting on a spontaneous act in which he momentarily failed to contain his anger over the attitude of the victim, who had picked a quarrel with him first.
4. Non-Prosecution Disposition Obtained After Assisting the Client in the Assault Complaint
The prosecution, accepting the argument of the attorney who assisted and defended the client who faced the risk of heavy punishment due to a complaint for the crime of assault, issued a non-prosecution disposition to the client.
The client, who had committed assault in a moment of emotion and had found it difficult to avoid heavy punishment, expressed thanks to this firm's attorney for helping him to once again live a peaceful life.
If you have been subjected to a complaint for the crime of assault, please reach an amicable settlement with the victim through an attorney's assistance and obtain a statement of no desire for punishment, so that the matter can be promptly concluded without prosecution being instituted.
If you have become involved in the crime of assault and face the risk of punishment, similar to the client's case, please consult with this firm's attorney with extensive experience in representation in assault settlements, advisory work on settlement money for the crime of assault and infliction of bodily injury, and assistance in drafting settlement agreements and statements of no desire for punishment for the crime of assault and infliction of bodily injury, the 🔗criminal law attorney.
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