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Q
By what procedure is an investigation into an assault case conducted?
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After drinking, I got into an argument with a passerby and became involved in an assault case. But since this is my first time in such a situation, I do not know anything at all. When I searched online, things like the level of punishment came up, but there was nothing about how the investigation proceeds. By what procedure is an investigation into an assault case conducted?
assault
Answer to Related Inquiry
Author: 박동일
An investigation into an assault case usually begins with a criminal complaint by the victim, an accusation or report by those around them, or the recognition of the crime by the police or the prosecution.
During the investigation, if the suspect fails to appear without justifiable grounds or has no fixed residence, and if it is determined that there is a concern that evidence may be destroyed or a risk of flight, the prosecutor may request a warrant from the judge and arrest or detain the suspect.
At the police stage, the interrogation of the suspect, the questioning of witnesses, and the procedures for securing evidence take place, and once the investigation is complete, the case is referred to the prosecution.
The prosecution reviews the materials referred by the police and, as necessary, conducts supplementary or additional investigation, and if it determines that the charges are sufficient, it institutes a public prosecution before the court. Conversely, if the charges are insufficient, it may close the case with a non-prosecution disposition.
The most important part of this process is the suspect's statement.
Because the content of the initial statement can carry through the entire investigation and even into the trial stage, you must respond with care.
If you say things that differ from the facts or change your statement depending on the situation, your credibility falls and this can lead to an unfavorable result, and it is also dangerous to force a definitive statement about matters you do not clearly remember.
Therefore, it is advisable to maintain a consistent statement based on the facts and to explain, without omission, circumstances favorable to you, such as self-defense or an accidental situation.
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YoungKon CHO
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Experience as Chief of Seoul Central District Prosecutors' Office and Chief of Daegu District Prosecutors' Office
Key Case Studies
View more- Non-disposition (juvenile)
Non-Disposition for a Client Who Received a Criminal Accusation for Joint Assault

- Acquittal / Not guilty
Securing an Acquittal on an Assault Charge Through a Gwangju Legal Consultation
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- Suspension of indictment
A Suspension of Indictment in an Assault Resulting in Injury Case Through the Mokpo Criminal Attorney's Assistance

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