CONTENTS
- 1. The Client Who Sought Consultation After Being Hit With a Counter-Complaint for Assault
- - Details of the Client's Case
- - The Client's Husband's Argument
- 2. Key Issues in the Client's Counter-Complaint for Assault Case
- - What Is a Counter-Complaint for Assault?
- 3. Counter-Complaint for Assault: Penalties for Assault
- - Sentencing Guidelines for Assault
- 4. Strategy for Responding to the Counter-Complaint for Assault
- - Emphasizing That the Client's Husband's Statement Is False
- - Emphasizing That the Client's Conduct Does Not Establish Assault
- - Emphasizing That the Client Should Be Acquitted
- 5. Outcome of the Response to the Counter-Complaint for Assault
- - Daeryun Law Firm's One-Stop Response System
1. The Client Who Sought Consultation After Being Hit With a Counter-Complaint for Assault
This is a client who came to this firm and requested a consultation, stating that a counter-complaint for assault had been filed.
The client says that she was assaulted by her husband and came to file a complaint against her husband.
However, the husband brazenly filed a counter-complaint for assault against the client, and the client, while looking for a specialized attorney with extensive experience in resolving related cases, requested a consultation because she needed this firm's one-stop response system.
Details of the Client's Case
This firm's attorney personally conducted the consultation and, while conversing with the client, set out to understand the contents of the case.
The client said that the marital relationship had grown distant due to the husband's lies and other conduct, and that a divorce lawsuit was in progress.
On the day of the incident, the husband returned home after a company dinner, and because the husband tended toward violence when he drank, the client said that, just in case, she had kept her phone's voice recorder on.
As expected, the husband became greatly angry with the client, pushed her, and struck her hand hard, even causing her to drop her phone.
Right after the assault, the husband headed to the room, and when the client followed him in, he pressed against her with the door and blocked her from entering.
The client said that she was so shocked by the fact that she had been assaulted by her husband that she came to receive psychiatric treatment.
The Client's Husband's Argument
However, the client's husband claimed that, in the process of closing the door, the client pushed to open the door and caused his finger to get caught between the door and the door frame.
On this basis, the client's husband filed a counter-complaint for assault, claiming that he had been assaulted by the client.
2. Key Issues in the Client's Counter-Complaint for Assault Case
The issue in this case was whether the client's act constituted the crime of assault.
Assault refers to any exercise of unlawful physical force against the body.
Assault does not necessarily have to result in injury, and an exercise of physical force does not mean only physical strength.
This may be difficult to understand, so examples constituting assault are as follows.
The act of causing a commotion at a patient's bedside
The act of placing someone under hypnosis
The act of blowing cigarette smoke into another's face
The act of kissing by force, and the like
What Is a Counter-Complaint for Assault?
A counter-complaint refers to a situation in which a suspect or other person who has been the subject of a complaint considers the content of that complaint to be improper and files a complaint against the complainant in return.
An assault counter-complaint means a situation in which a suspect who has been the subject of a complaint on a charge of assault considers the content of that complaint to be improper and files a complaint against the complainant in return on a charge of assault.
3. Counter-Complaint for Assault: Penalties for Assault
If a charge of assault is established, under Article 260(1) of the Criminal Act the offender is subject to imprisonment for not more than 2 years, a fine not exceeding 5 million won, detention, or a minor fine.
🔗Assault is a crime not punishable against the victim's will, so public prosecution cannot be instituted against the victim's express will. Therefore, if a charge of assault is true, it is advantageous to reach a settlement with the victim and to submit a settlement agreement and a statement of no desire for punishment.
Sentencing Guidelines for Assault
The Sentencing Commission has established the following sentencing guidelines for the crime of assault.
Mitigated | Basic | Aggravated |
up to 8 months | 2 months to 10 months | 4 months to 1 year 6 months |
4. Strategy for Responding to the Counter-Complaint for Assault
To respond to the assault cross-complaint, the attorney established and provided assistance with the following strategy.
Emphasizing That the Client's Husband's Statement Is False
The specialist attorney emphasized that the statement of the client's husband was false and, in order to prove this, made the following arguments.
The husband, who filed a counter-complaint for assault against the client, is conducting divorce litigation with the client, so he has a motive to make false statements about the client.
Moreover, the client's husband, only after the client filed a complaint against him for assault, then obtained a medical certificate and filed a counter-complaint for assault against the client, and such circumstances are sufficient to indicate a false statement.
In addition, the client's husband states the injured area differently in the complaint and in the written statement, so, taking all of these circumstances together, the attorney argued that the contents of the husband's complaint against the client were false.
Emphasizing That the Client's Conduct Does Not Establish Assault
Citing the above precedent, the specialist attorney emphasized that the client's act of pushing the door did not constitute the crime of assault.
In addition, he argued that the client's act was difficult to regard as the exercise of force, which is an element of the crime of assault.
The client merely intended to open the door and enter the room, and did not commit any act such as an unlawful attack on her husband.
Emphasizing That the Client Should Be Acquitted
Citing Article 325 of the Criminal Procedure Act, the specialist attorney emphasized that, since there was no evidence to prove the facts charged against the client other than the statement of the client's husband, a judgment of acquittal should be rendered.
5. Outcome of the Response to the Counter-Complaint for Assault
As a result of responding to the cross-complaint for assault, the client obtained a not guilty judgment from the court.
The client had filed a complaint after being assaulted by her husband, with whom she was in the midst of a divorce lawsuit, but had been placed at risk of punishment due to her husband's cross-complaint.
The client, even amid a moment of bewilderment and hurt, came to our firm and promptly requested assistance, and was thus able to conclude the case by obtaining a not guilty judgment.
Daeryun Law Firm's One-Stop Response System
In a situation such as that of the client in this case, this firm can provide the following one-stop response system.
▲Criminal law attorney : Establishing a strategy to respond to a counter-complaint of assault, and accompanying the client to police questioning
▲Civil law attorney : Responding to an assault civil lawsuit, and claiming damages for assault
▲Divorce attorney : Filing a divorce lawsuit and responding to litigation regarding consolation money, division of marital property, and custody
▲Psychological counseling center : Providing psychological counseling services
▲Security center : Personal protection from the husband
▲Evidence investigation center : Lawful evidence investigation and analysis related to the case
If you are in a situation requiring legal assistance due to a matter such as a counter-complaint of assault, please make a 🔗legal consultation reservation.
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