CONTENTS
- 1. Assault Complaint | How the Case Arose
- - Assault and Intimidation Case Timeline Summary
- - Why Assistance From an Attorney at Daeryun Law Firm May Be Needed
- 2. Assault Complaint | Review of the Assault and Intimidation Case
- - The Issues in the Assault and Intimidation Case
- - What Is Special Intimidation?
- - What Is Assault?
- 3. Assault Complaint | Details of the Assistance
- - Explanation of the Reasons for the Assault and Other Acts
- - Settlement Reached
- 4. Assault Complaint | Concluded With Dispositions of No Right to Prosecute and Suspension of Indictment
1. Assault Complaint | How the Case Arose
The client, who was criminally booked after an assault complaint was filed, responded to the assault and intimidation case from the early stages of the case with the assistance of a Daeryun LLC attorney specializing in criminal matters.
The client had gone to meet their separated wife when they witnessed an intoxicated victim at the scene picking a fight with the wife, engaging in physical contact close to sexual molestation and threatening words and conduct.
Enraged by this, the client threw a nearby object and threatened the victim, and a heated physical altercation ensued, ultimately resulting in the client being booked on charges of special intimidation and assault.
Assault and Intimidation Case Timeline Summary
After hearing the client's account, the attorney at Daeryun Law Firm organized the overall flow of the assault and intimidation case.
Timeline |
Arranged to meet his estranged wife ↓ After arriving at the scene, discovered an intoxicated victim picking a quarrel with and sexually harassing his wife ↓ The client, who witnessed this, became enraged and threw nearby objects, threatening and assaulting ↓ Came to be investigated by the police following reports from people nearby ↓ The victim refused to settle ↓ Came to Daeryun Law Firm's attorney to request settlement coordination and a legal response |
Why Assistance From an Attorney at Daeryun Law Firm May Be Needed
In this way, in an assault and intimidation case that arose impulsively, whether a settlement with the victim is reached is one of the most important issues.
In particular, because assault is a crime not punishable against the victim's will and cannot be punished if the victim expresses an intention not to wish for punishment, while special intimidation can be punished as a matter of law even if a settlement is reached, obtaining the assistance of an attorney is crucial.
In this way, because an amicable settlement is difficult and it is hard to properly argue the reasoning for a reduction of sentence without the involvement of an attorney, the response at the early stage of the case is more important than anything.
You may resolve your case through the 🔗legal consultation booking.
2. Assault Complaint | Review of the Assault and Intimidation Case
The attorney who took on the case, including the criminal complaint for assault, identified the issues in this case.
In particular, the attorney sought to identify the legal principles of each offense in order to reach an amicable settlement.
The Issues in the Assault and Intimidation Case
This case involved a total of four issues.
If the victim submitted a medical certificate of injury, or also filed a complaint for infliction of bodily injury alleging that the degree of harm was severe, the matter could become serious.
From the early stage of the case, the Daeryun attorney communicated with the other party and reached a settlement, resolving the matter amicably.
If it was an accidental act that was not planned in advance, the criminal intent could be assessed as weak and serve as a ground for mitigation, so it could work favorably in sentencing.
Because assault is a crime for which prosecution cannot be brought if the victim expresses an intent not to wish punishment, where a settlement is reached a 'no right to prosecute' disposition may be rendered, so a settlement was urgently needed.
Depending on whether a settlement with the victim was reached, the client could receive a suspension of indictment.
What Is Special Intimidation?
Under Article 284 of the Criminal Act, where a person makes a threat using a dangerous object, special (aggravated) intimidation is established.
Unlike simple intimidation, it is not a crime not punishable against the victim's will, and 🔗intimidation complaint in such cases, to avoid punishment, one must sufficiently persuade as to the sentencing factors.
▶ Level of punishment
Simple intimidation | Imprisonment with labor for not more than 3 years or a fine not exceeding 5 million won |
Special (aggravated) intimidation | Imprisonment with labor for not more than 7 years or a fine not exceeding 10 million won |
Habitual offender | Up to one-half of the above sentence may be added |
What Is Assault?
🔗Assault is established where a person exercises physical force capable of causing bodily pain, even if no bodily injury results.
▶ Level of punishment
Simple assault | Imprisonment with labor for not more than 2 years, a fine not exceeding 5 million won, detention, or a minor fine |
Habitual assault | One-half added to the above sentence, with suspension of qualifications for up to 10 years possible in addition |
3. Assault Complaint | Details of the Assistance
In order to assist the client who was the subject of an assault complaint, the Daeryun Law Firm attorney focused, from the early stage of the case, on ascertaining the facts, securing evidence, and reaching an amicable settlement with the complainant.
In particular, the attorney sought to demonstrate that the act occurred in an impulsive situation and to emphasize the client's remorse and efforts toward recovery of the harm.
Explanation of the Reasons for the Assault and Other Acts
The client, whose emotions ran high during a sudden conflict situation, temporarily came to commit assault and intimidation.
In particular, it was explained that this case was a sudden incident that occurred when the victim picked a quarrel with the client's wife and sexually molested her, and the client, enraged by this, could not contain his emotions.
Settlement Reached
Through sincere dialogue with the victim, the attorney proposed the client's apology and appropriate compensation for the loss, reaching an amicable settlement.
Ultimately, the victim accepted the client's expression of remorse and stated the intention not to wish punishment.
As a result, the rule that a crime is not punishable against the victim's will applied, and the case proceeded in a positive direction.
In the case of special intimidation, reaching a settlement with the victim acts as a sentencing factor, so there is a high possibility of receiving a suspension of indictment.
4. Assault Complaint | Concluded With Dispositions of No Right to Prosecute and Suspension of Indictment
The prosecution, after reviewing the assault complaint case, concluded the matter with a suspension of indictment disposition for the special intimidation and with no right to prosecute for the assault.
The prosecution stated its sentencing reasons, taking into account that the client fully acknowledged the alleged facts, deeply repented, that the incident occurred spontaneously, and that the client reached a settlement with the victim.
As shown here, if you are involved in a sudden 🔗assault complaint case and are facing questioning by an investigative agency, it is important to receive a legal consultation promptly.
The attorneys at Law Firm Daeryun identify the case promptly from the early stages and coordinate a settlement with the victim through an appropriate settlement proposal.
If you need help with an assault or intimidation matter, we recommend that you seek a consultation.
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.
