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Deals & Cases

Assault (battery)

Assault Complaint Assistance Case | Client Subject to an Assault Complaint, Non-referral

The client who was accused in an assault complaint came to Daeryun seeking to respond systematically to the other party's complaint together with a specialized attorney who has experience handling various assault cases.

CONTENTS
  • 1. The Client Who Came Over an Assault Complaint
    • - The Client at Risk of Criminal Punishment for Assault
  • 2. Criminal Punishment for Assault Examined Through an Assault Complaint
    • - What Are the Elements of Criminal Punishment for Assault?
    • - What Is the Sentencing for Criminal Punishment for Assault?
  • 3. Case Response Strategy for an Assault Complaint
    • - Assault Complaint Assistance (1): There Was No Intent to Assault
    • - Assault Complaint Assistance (2): The Complainant's Intimidation
  • 4. Result of the Assault Complaint Assistance: “Non-referral”
    • - If You Are at Risk of Criminal Punishment for Assault

1. The Client Who Came Over an Assault Complaint

Daeryun assault charge complaint assault charge defense against punishment case

The client who came regarding an assault complaint was placed at risk of punishment after being unjustly accused in an assault case, but is a case in which the client obtained a non-referral decision from the police with the assistance of a specialized attorney.

The Client at Risk of Criminal Punishment for Assault

The client went to the underground parking lot of an apartment building to use his vehicle parked there.

However, another vehicle was double-parked in front of the vehicle, making it impossible to move, so the client called A.

A short time later, A arrived at the scene, and during this process an argument arose between the two.

Because it was a location where vehicles came and went, the client lightly pulled A's clothing in an attempt to move to a safe place in order to avoid danger.

However, A argued that this constituted the client assaulting him and filed a complaint.

Unfairly involved in a charge of 🔗Assault, the client visited Daeryun in order to escape the risk of criminal punishment for assault.

2. Criminal Punishment for Assault Examined Through an Assault Complaint

Unjustly implicated in an assault case, the client came to Daeryun seeking to clear the charge in this offense with the assistance of a specialized attorney.

The criminal attorney closely examined the circumstances of the case together with the laws related to the case.

What Are the Elements of Criminal Punishment for Assault?

If all of the following requirements are met, the crime of assault is established and may be punished.

(1) Exercise of physical force against the body

The assault referred to in the crime of assault includes any act of applying physical force.

(2) Criminal intent for the assault

For the crime of assault to be established, the assault against the other party must be carried out intentionally.

What Is the Sentencing for Criminal Punishment for Assault?

Assault is a direct infringement on another person's body and a serious crime that threatens social order.

To prevent this, the Criminal Act sets out clear standards for punishing assault.

Where assault is inflicted on a person's body

Imprisonment for up to 2 years, a fine of up to 5 million won, detention, or a minor fine

Where assault is inflicted on one's own or a spouse's lineal ascendant

Imprisonment for up to 5 years or a fine of up to 7 million won

Where assault is inflicted while carrying a dangerous object

Imprisonment for up to 5 years or a fine of up to 10 million won

3. Case Response Strategy for an Assault Complaint

Daeryun assault complaint criminal case non-referral defense case

The criminal attorney thoroughly reviewed the overall circumstances of the case and then prepared a logical defense strategy.

For an effective response to the assault charge, the attorney made the following arguments.

Assault Complaint Assistance (1): There Was No Intent to Assault

The client lightly pulled the complainant's sleeve in order to move from a dangerous place to a safe one.

In this process, the client did not exert any physical force that would cause the complainant pain.

The attorney emphasized that, because the client and the complainant had no physical contact whatsoever, intent to commit assault could not be recognized.

Assault Complaint Assistance (2): The Complainant's Intimidation

The complainant used abusive language toward the client and continuously intimidated the client in front of others.

The client felt this situation to be humiliating but, wishing to avoid a fight as much as possible, did not take any further response.

It was emphasized that this complaint was filed by the complainant in order to retaliate against the client, and that everything the complainant claimed was nothing more than false statements.

4. Result of the Assault Complaint Assistance: “Non-referral”

The police, accepting the criminal attorney's argument, rendered a ‘non-referral’ decision in the client's case.

Having amicably concluded the case through the criminal attorney's systematic assistance, the client expressed deep gratitude.

If You Are at Risk of Criminal Punishment for Assault

If you are involved in an assault case, responding promptly and carefully at the early stage of the case is very important.

In particular, because evidence proves the facts and has a direct effect on the trial outcome, it is advantageous to secure it lawfully.

The 🔗criminal attorney processes data using the latest analysis equipment, analyzes it in depth, and proposes a solution tailored to the client.

If you need the assistance of a specialist attorney in a situation similar to the case above, you may entrust your case through 🔗Legal Consultation Reservation.

폭행죄고소 조력 사례 | 폭행죄로 고소당한 의뢰인, 불송치

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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