CONTENTS
- 1. Client Facing Punishment for Special Bodily Injury
- - The Client's Requests
- 2. Penalty Levels for Special Bodily Injury
- 3. Attorney Who Responded to the Special Bodily Injury Punishment
- - Handling the Settlement with the Victim
- - Providing Guidelines for the Letter of Apology and the Petition
- - Collection of Sentencing Materials
- 4. Result of Responding to the Special Bodily Injury Punishment
1. Client Facing Punishment for Special Bodily Injury
This is the account of a client who came to this firm's attorney with relevant expertise, stating that they were at risk of punishment for special bodily injury.
The client says that on the day of the incident they were drinking with a friend and sharing heartfelt conversation.
Because the client and the friend were intoxicated, their voices grew louder and they came to quarrel, and the client says that, out of anger, they struck the friend's face several times with an iron bar that was in sight.
The client then knocked the friend to the ground and also kicked the friend's face and abdomen, so the client's friend suffered an injury requiring several months of treatment.
Accordingly, the client was placed at risk of punishment on a charge of special bodily injury and came to this firm's attorney with relevant expertise.
The Client's Requests
The client sought assistance with handling the settlement, saying that they were currently unable to even contact the friend.
The client requested not only the settlement but also a response to all criminal procedures to prevent punishment for special bodily injury.
2. Penalty Levels for Special Bodily Injury
Before examining the level of punishment for special bodily injury, special bodily injury refers to the crime of inflicting bodily injury on another person by carrying a deadly weapon or dangerous object, or by displaying the power of a group or multitude.
The term ‘dangerous object’ should be interpreted to broadly include any object that, even if it is not a deadly weapon, can be used to harm a person's life or body.
This includes not only objects originally made for killing, wounding, or destruction, but also knives, scissors, glass bottles, various tools, and automobiles made for other purposes, as well as chemicals or instigated animals, if they are used to harm a person's life or body.
Meanwhile, the term ‘carrying’ such an object includes not only possessing it but also broadly using it.
Under the above precedent, in special bodily injury, a dangerous object refers to any object that can be used to harm a person's life or body.
The client inflicted bodily injury on a friend using a steel rod capable of harming a person's body, which was sufficient for the charge of special bodily injury to be recognized.
Accordingly, under the Criminal Act, the client faced the risk of imprisonment for not less than 1 year and not more than 10 years.
🔗Punishment for special bodily injury is a crime for which only imprisonment is prescribed, without a fine, so if you are facing such a charge, a prompt response is needed.
3. Attorney Who Responded to the Special Bodily Injury Punishment
In order to prevent punishment for special bodily injury, the attorney responded as follows.
Handling the Settlement with the Victim
The specialist attorney set out to handle the settlement on behalf of the client with the victim, who was the client's friend in this case.
The victim had refused all contact with the client, but the specialist attorney was able to reach a settlement by delivering the client's letter of apology and presenting a reasonable settlement proposal.
Accordingly, the victim forgave the client and prepared a settlement agreement and a statement of no desire for punishment, stating that the victim did not wish for the client to be punished.
The specialist attorney did not stop there and also obtained notarization of the contents of the settlement agreement and the statement of no desire for punishment.
Providing Guidelines for the Letter of Apology and the Petition
The specialist attorney provided the client with guidelines for a letter of apology and a written plea.
The client and the client's acquaintances wrote letters of apology and written pleas in accordance with these guidelines, and the specialist attorney submitted them.
Collection of Sentencing Materials
The specialized attorney gathered and submitted materials helpful to the client's sentencing.
First, the attorney submitted the high school record to prove that the client was a person who always took the initiative as a model and had a strong sense of compliance with the law.
The attorney also submitted a family relationship certificate and a certificate of employment to prove that the client was supporting the family as the sole breadwinner.
Lastly, the attorney submitted a record of organ donation registration to prove that the client had a strong interest in social contribution.
4. Result of Responding to the Special Bodily Injury Punishment
As a result of the attorney's response to the punishment for special bodily injury, the client received a judgment of suspension of sentencing from the court.
Suspension of sentencing is a judgment in which the charge is recognized but the pronouncement of the sentence is deferred, and it is a judgment under which the pronouncement of the sentence may be avoided if no criminal act is committed for a certain period.
The client, who had assumed that he would inevitably face punishment for special bodily injury, expressed his gratitude for the result of suspension of sentencing that was obtained.
This firm prepares strategies tailored to the client in responding to charges of special bodily injury.
In addition, the firm handles all legal procedures the client requires, including representation in reaching a settlement with the victim and the collection of materials favorable to sentencing.
A charge of special bodily injury carries a high possibility of an actual custodial sentence, so if you are in a situation similar to that of the client, please proceed with a 🔗legal consultation reservation right away.
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.
