CONTENTS
- 1. The Client Who Was Charged with Assault
- - The Client's Requests
- 2. The Procedure Following an Assault Complaint
- - Explanation of the Concept of Assault
- - Elements of Assault
- - The Characteristics of Assault
- - The Questions a Suspect in an Assault Case Most Often Asks
- 3. The Criminal Law Attorney Who Took On the Response to the Assault Complaint
- - Submission of the Defense Counsel's Opinion
- - Handling the Settlement
- 4. Result of the Assault Complaint Case
1. The Client Who Was Charged with Assault
This is the account of a client who requested a consultation with this firm's attorney specializing in criminal cases, stating that they were at risk of an actual sentence due to a complaint for assault.
The client was a university student and, at the time of the incident, was a student council officer guiding new students at the start-of-semester gathering.
While running the start-of-semester gathering, the new student who is the victim in this case reportedly did not follow the client's guidance well.
With the sole thought of needing to lead the large group, the client asked the victim to focus on what they were saying.
However, the victim reportedly ignored the client and even muttered profanity to themselves.
At this, the client became angry and pushed the victim's chest with a fist while lightly slapping their cheek.
The victim immediately filed a complaint against the client, and the client, charged with assault, was referred to the prosecutors' office and came to this firm.
The Client's Requests
The client said that they wished to graduate from school without incident and prepare for employment, and that they wanted to conclude the case at the prosecution stage as much as possible.
The client said that they had attempted a settlement with the victim but had been refused, and requested assistance with handling the settlement and defending against punishment.
2. The Procedure Following an Assault Complaint
If a criminal complaint for assault is filed against you, the following procedure unfolds.
1. Filing of the assault complaint
When the victim submits a complaint for assault to the police station, the case is formally received and the investigation begins.
2. Police investigation
The police send a request for appearance to the person named in the complaint.
When you are summoned in the status of a suspect, any statement that is unfavorable to you may later be used as evidence at trial, so it is safer to be questioned in the presence of an attorney.
3. Referral to the prosecutors' office and prosecutorial investigation
If the charge is found to be established on the basis of the results of the police investigation, the case is referred to the prosecutors' office.
The prosecution may conduct supplementary or additional investigation (by telephone or by requesting appearance) and, if the charge is found to be established, will decide to indict.
Even if a complaint for assault has been filed against you, if a settlement is reached, the right to prosecute is extinguished and the case may be concluded by non-prosecution. (If a settlement is reached at the police stage, the result is non-referral.)
4. Trial procedure
If the matter proceeds to a formal trial, examination of evidence and pleadings take place at the first-instance trial.
5. Judgment and execution of sentence
The judgment may result in acquittal, a fine, a suspended sentence, an actual custodial sentence, or a similar outcome.
If you do not accept the judgment, you may pursue an appeal (second instance) and a final appeal (third instance).
Explanation of the Concept of Assault
Article 260(1) of the Criminal Act provides that a person who commits assault against the body of another shall be punished by imprisonment for not more than 2 years, a fine of not more than 5 million won, detention, or a minor fine.
Here, ‘🔗assault’ means the exercise of physical force against the body of a person.
Not only acts of striking with the hands or feet but also pushing, grabbing by the collar, pulling at clothing, and attempting to hit someone by throwing an object may constitute assault.
Elements of Assault
For assault to be established, the following elements must be satisfied.
Only a natural person (a human being) can be the subject of assault.
▶Object
The target of the assault must be the body of a living person.
Assault against an animal or an object is assessed as a different crime, such as destruction of property or cruelty to animals.
▶Exercise of physical force
This includes not only the act of striking directly but also the indirect exercise of physical force.
Examples: splashing water on the victim, firing a blowgun, striking the body with a thrown object, and the like
▶Intent
For assault, the actor must recognize and intend that their act exercises physical force on another's body.
The Characteristics of Assault
Assault is a crime not punishable against the victim’s will, so if the victim expresses the intention not to seek punishment, the prosecution is withdrawn and punishment can be avoided.
If bodily injury results from the act of assault, the charge of 🔗infliction of bodily injury applies rather than assault, and in that case it is no longer a crime not punishable against the victim’s will, so caution is required.
The Questions a Suspect in an Assault Case Most Often Asks
The following are answers to questions that actual suspects in assault cases frequently ask during consultation with an attorney.
Q1. Could I really go to prison?
→ The statutory penalty for assault is imprisonment for not more than 2 years or a fine not exceeding 5 million won, but where it is a first offense and grounds for mitigation apply, the matter often concludes with a fine or a suspended sentence.
In cases of habitual assault, joint assault, or repeat offenses, however, an actual custodial sentence may be imposed, so the matter should not be approached complacently.
Q2. If I reach a settlement with the victim, is the case over?
→ Yes. Assault is a “crime not punishable against the victim's will,” so if the victim expresses an intention not to seek punishment, the prosecution cannot indict.
Whether a settlement is reached can therefore determine the outcome of the case.
Q3. Does even a fine result in a criminal record?
→ Yes. A fine also constitutes criminal punishment, so a criminal record remains.
If the prosecution issues a suspension of indictment, however, no criminal record remains, which is why the response at the early investigation stage is very important.
Q4. Once the criminal case is over, will I no longer have to worry about the assault?
→ No. The victim may separately bring a civil claim for damages.
Medical expenses, consolation money, and mental harm may be at issue, so when reaching a criminal settlement it is safer to resolve civil liability together at the same time.
Q5. If I tell the police everything truthfully during the investigation, can I avoid punishment?
→ It is best to tell the truth, but unnecessary remarks may become unfavorable evidence.
At the investigation stage, therefore, it is advisable to state only the essential points in the presence of an attorney.
Q6. Will this case affect my studies or employment?
→ For a university student, a job seeker, or a candidate for a public official examination, a criminal record may operate as a disadvantage. It is therefore important to develop a response strategy aimed at a suspension of indictment or non-prosecution.
Q7. It seems the victim is exaggerating beyond the facts. What should I do?
→ This is something that frequently arises in actual cases.
In such a situation, the account must be rebutted through objective materials such as statements of nearby witnesses, CCTV footage, and mobile phone recordings.
3. The Criminal Law Attorney Who Took On the Response to the Assault Complaint
Daeryun's criminal law specialist attorney responded to the assault complaint case as follows.
Submission of the Defense Counsel's Opinion
The criminal law attorney submitted a defense opinion containing the following, requesting that a non-prosecution disposition be rendered for the client.
2. Emphasizing that the client is making serious efforts to restore the victim's harm (such as attempting a settlement)
3. Emphasizing that the client is a university student and that, if an actual custodial sentence is imposed, it could become a negative mark on the client's entire future
4. Emphasizing that the client is cooperating faithfully with the investigation in this case
Handling the Settlement
The criminal law specialist attorney, in cooperation with a civil law specialist attorney, undertook to handle a settlement on the client's behalf with the victim who had filed a complaint against the client.
The attorney reviewed the complaint and the contents of the victim's statement to grasp the circumstances and issues of the case, and then, instead of contacting the victim's side directly, began the dialogue through consultation with the victim's attorney.
The attorney clearly conveyed the client's intention to apologize and sense of remorse to the victim's side and presented a specific settlement proposal that included treatment costs and consolation money.
After several rounds of adjustment, the victim accepted the conditions, and a statement of no desire for punishment was obtained and submitted to the investigative authority.
4. Result of the Assault Complaint Case
As a result of the criminal defense attorney reaching a settlement on behalf of the client, the prosecutors' office rendered a decision of non-prosecution on the ground of no right to prosecute.
With the assistance of the criminal defense attorney at Daeryun LLC, the client was able to conclude the matter at the prosecution stage as desired, despite having been the subject of an assault complaint.
In the case of assault, which is a crime not punishable against the victim's will, reaching a settlement with the victim is of the utmost importance.
If a settlement is attempted without the assistance of an attorney, however, it may be refused, and if the settlement agreement is not drafted accurately, a civil claim for damages may later be brought.
As soon as you become aware that an assault complaint has been filed, if you request the assistance of a criminal defense attorney, you may receive one-stop legal services, including handling of the settlement on your behalf, examination of evidence, submission of a defense counsel's opinion, and accompaniment during the investigation.
If you are in a situation that requires legal assistance, please proceed with a 🔗legal consultation reservation.
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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.
