[Special Bodily Injury Attorney, Suspended Sentence Achieved] With the Assistance of a Special Bodily Injury Attorney, the Client Successfully Secured a Suspended Sentence

This is the consultation that the special bodily injury attorney heard directly from the client, who had been the subject of a complaint for special bodily injury.

The client was having a meal with an acquaintance he knew at a restaurant near his home.

While they were talking, a minor dispute arose due to a difference of opinion with the acquaintance.

What began as a mere argument gradually escalated and eventually turned into a physical fight.

The client struck the acquaintance in the face several times.

When the people around them tried to break up the fight, the client unintentionally picked up a beverage bottle that was nearby.

As a result, he became the subject of a complaint for the crime of special bodily injury and, with a heavy heart, sought out the special bodily injury attorney at Daeryun Law Firm.

■ Statutes Related to the Case, Explained by the Special Bodily Injury Attorney

▶Criminal Act Article 258-2 (Special Bodily Injury)

1. A person who commits the crime of inflicting bodily injury by displaying the power of an organization or a crowd or by carrying a dangerous object shall be punished by imprisonment for not less than 1 year and not more than 10 years.
2. A person who commits the crime by displaying the power of an organization or a crowd or by carrying a dangerous object shall be punished by imprisonment for not less than 2 years and not more than 20 years.

▶Criminal Act Article 257(1) (Bodily Injury, Bodily Injury to a Lineal Ascendant)

A person who inflicts bodily injury upon another shall be punished by imprisonment for not more than 7 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won.

▶Criminal Act Article 62(1) (Requirements for a Suspended Sentence)

Where a sentence of imprisonment or imprisonment without labor for not more than 3 years is to be pronounced, the execution of the sentence may be suspended for a period of not less than 1 year and not more than 5 years if there are circumstances warranting consideration in light of the matters under Article 51. However, this does not apply to a person for whom 5 years have not yet elapsed since the completion or exemption of the execution of a sentence of imprisonment without labor or heavier.

The special bodily injury attorney noted that there was no intent whatsoever in the assault committed by the client.

In considering its impulsive nature, counsel noted that there had been no advance plan whatsoever behind the client's assault.

The special bodily injury attorney argued that the incident was an unexpected situation for the client as well.

The special bodily injury attorney argued that the client was deeply remorseful and regretful about the incident.

In fact, once the client calmed down after the assault, he repeatedly apologized to the acquaintance, who was the victim.

The special bodily injury attorney emphasized that the client genuinely felt sorry toward the acquaintance and was remorseful.

The special bodily injury attorney argued that the client's assault did not fall within the crime of special bodily injury.

Special bodily injury is a provision of the Criminal Act under which a person is punished when the crime is committed by carrying a dangerous object.

In the client's case, after the fight had completely ended, he picked up a beverage bottle that was nearby and then set it down.

The special bodily injury attorney therefore noted that the client had picked up the object only after the fight had completely ended, with no intent whatsoever to wield it.

The special bodily injury attorney made every effort to defend the client against punishment for the crime of special bodily injury, and as a result, the defense succeeded with a suspended sentence.

Special bodily injury carries heavy punishment, as the statutory penalties do not include a fine.

Daeryun Law Firm responds to the defense against punishment for special bodily injury complaints through strategic solutions presented by attorneys experienced in special bodily injury and through Daeryun's own systematic approach.

If you have a case similar to that of the client above, please consider consulting with the special bodily injury attorney at Daeryun Law Firm.