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To the special bodily injury attorney, I am curious about the investigation procedure for a special bodily injury case.
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Hello, special bodily injury attorney. I have recently come to be investigated on suspicion of special bodily injury, and I am curious about how the investigation procedure proceeds. I am curious about the overall process from the police investigation to the prosecution stage, but it was hard to find information, so I am leaving this question. I would be grateful if the special bodily injury attorney could explain in detail.
special bodily injury attorney
special bodily injury offense
Answer to Related Inquiry
Author: 박동일
Hello. This is a special bodily injury attorney at Daeryun Law LLC.
In a special bodily injury case, an investigation begins upon a criminal complaint by the victim, an accusation by a third party, a voluntary surrender, a report, or when the police and the prosecution become aware of the facts of the crime.
If the investigative agency determines that there is a suspicion of a crime, it summons and questions the suspect and, depending on the circumstances, may apply for an arrest or detention warrant to arrest or detain the suspect.
In particular, coercive measures are exercised when there is a concern about flight or a possibility of destruction of evidence.
The police conduct the investigation through various methods, including interrogation of the suspect, collection of evidence, and on-site verification.
When the investigation is completed, the case is referred to the prosecution, and the prosecution, after reviewing the referred case, may conduct additional investigation if necessary.
The prosecution then institutes a public prosecution with the court if it determines that the suspicion is sufficient and, conversely, issues a disposition of non-prosecution if the suspicion is insufficient.
Because a special bodily injury case involves bodily injury to a person, a legal response is very important.
Special bodily injury is punished under Article 258-2 of the Criminal Act, and it may be subject to imprisonment for not less than one year and not more than ten years.
In addition, where the injury is committed by displaying the collective force of a group or multitude or by carrying a dangerous object, it is punishable by imprisonment for not less than two years and not more than twenty years.
For this reason, receiving the assistance of a special bodily injury attorney at an early stage can help prevent unnecessary detention or punishment and work toward a more favorable outcome.
If you are under suspicion or are about to undergo an investigation, we recommend that you consult with a special bodily injury attorney promptly.
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