CONTENTS
- 1. The Client Who Was the Subject of an Assault Complaint
- - The Circumstances of Coming Under an Assault Charge
- 2. What Is the Crime of Assault, Examined Through an Assault Complaint?
- - Penalties
- 3. What Is the Defense Strategy for an Assault Complaint?
- - The Criminal Attorney's Argument ① | The Conduct Was Impulsive
- - The Criminal Attorney's Argument ② | The Opportunity to Settle Was Lost
- 4. Result of the Assault Complaint Assistance: “Suspension of Sentencing”
- - If You Are Involved in an Assault Complaint Case?
1. The Client Who Was the Subject of an Assault Complaint
A client who was the subject of an assault complaint was nearly placed at risk of punishment for assault, but received a suspension of sentencing with the assistance of a criminal defense attorney.
The Circumstances of Coming Under an Assault Charge
The account of the client, who came to be charged with the crime of assault, is as follows.
While the client was traveling to a meeting place for a date with his girlfriend, he witnessed a scene at the site in which his girlfriend was arguing with a man, A, whom she did not know.
The client, trying to understand the situation, got into a brief argument with A.
In that process, the girlfriend, who was trying to stop them, fell as a result of A's conduct.
Angered by this, the client committed assault, striking A in the face with his hand.
Ultimately, the client, who came to face a complaint for the crime of assault from A, requested legal assistance from a criminal attorney to defend against punishment.
2. What Is the Crime of Assault, Examined Through an Assault Complaint?
Assault is a crime that is established where a person physically inflicts violence on another and causes harm.
It refers to any unlawful exercise of physical force against the body, and its nature does not necessarily have to result in injury.
However, assault is a crime not punishable against the victim's will, in which prosecution cannot be brought against the victim's express wishes.
*What is a crime not punishable against the victim's will? : It refers to a crime that cannot be punished if the victim does not wish for punishment.
Penalties
If you are involved in assault, you will be subject to the following punishment under Article 260 of the Criminal Act.
Article 260 of the Criminal Act
| Assault, assault against a lineal ascendant | Imprisonment of not more than 2 years, a fine of not more than 5 million won, detention, or a minor fine |
Where assault is committed against one's own or a spouse's lineal ascendant, imprisonment of not more than 5 years or a fine of not more than 7 million won |
3. What Is the Defense Strategy for an Assault Complaint?
In order to defend the client who was sued for assault, the criminal attorney formed a task force of specialist attorneys who have taken on many assault cases and prepared a defense strategy.
To defend against the assault case, the attorney gathered sentencing grounds suited to the client's situation and argued as follows.
The Criminal Attorney's Argument ① | The Conduct Was Impulsive
The criminal attorney, through sufficient consultation with the client, closely ascertained the circumstances that led to the assault.
The attorney emphasized that the client had intended to resolve the situation without committing assault, but when the victim shoved his girlfriend and knocked her down, he became momentarily angry and came to commit assault impulsively.
The criminal attorney conveyed these circumstances to the investigative agency and provided assistance so that the fact that the client's conduct was an impulsive act arising from a momentary emotion could be reflected as much as possible.
The Criminal Attorney's Argument ② | The Opportunity to Settle Was Lost
Through consultation with the criminal attorney, the client expressed an intention to reach a settlement with the victim.
The criminal attorney conveyed this intention to the investigator in charge, but the investigator took the position of first continuing the investigation and did not take measures such as providing the victim's contact information or mediating a settlement.
As a result, it was emphasized that the client had, in effect, almost no opportunity to settle directly with the victim.
4. Result of the Assault Complaint Assistance: “Suspension of Sentencing”
As a result of assisting the client who was the subject of an assault complaint, the court rendered a judgment of suspension of sentencing on the client.
In response, the client repeatedly conveyed gratitude, saying that thanks to Daeryun's criminal defense attorney, a good result had been obtained.
If the period of suspension passes without any problem, the sentence is deemed not to have been pronounced, and no punishment is imposed.
If You Are Involved in an Assault Complaint Case?
The above was the case of a client who had been subject to a criminal complaint for assault but received a suspension of sentencing through the support of a criminal attorney.
In criminal cases such as assault, it is important to prepare a response promptly and appropriately with the help of a specialized attorney.
Daeryun Law Firm has many specialized attorneys who have handled various criminal cases in addition to assault.
Accordingly, attorneys review the client's case and form a case-specific TF to establish a prompt response system.
If you have been subject to a complaint related to assault and face the risk of punishment, please feel free to request a consultation at any time through Daeryun Law Firm's 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.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
