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I would like to proceed with an assault settlement, but how should I do it?
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While I was drinking at a bar, I got into a quarrel with the next table. I was so angry that I struck them once with my fist, and I was reported for assault. I would like to proceed with a settlement, so how should I proceed with an assault settlement? And I would be grateful if you could tell me in detail whether it is correct that I will not be punished if I proceed with a settlement.
assault settlement
Answer to Related Inquiry
Author: 박동일
An assault settlement serves as a very important factor when an investigative agency or the court decides on a disposition, and in particular, in the case of simple assault, if the victim expresses the intention that they do not want punishment, the case may be closed without criminal punishment.
An assault settlement does not have a legally prescribed procedure, but it is usually carried out in a manner in which the offender and the victim, taking into account the degree of harm, the circumstances of the case, and social equity, determine a settlement amount and prepare a settlement agreement.
The settlement agreement must include the following, and both parties typically sign and seal it and attach a certificate of seal impression.
· Personal details of the offender and the victim (name, resident registration number, address)
· The amount of the settlement money
· The date of the settlement
· A statement that ‘the victim does not want punishment’
It is safe to pay the settlement money only after clearly receiving the victim's intention to settle, and after preparing the settlement agreement, you may submit it to an investigative agency or the court.
Once a settlement is reached, its effect is considerable.
In the case of simple assault, if the victim submits a written statement that they do not want punishment, the right to prosecute is extinguished and no punishment is imposed, and even in a relatively serious assault case, such as one involving bodily injury, if the fact of a settlement is acknowledged, the sentence may be greatly reduced.
For matters regarding an assault settlement, please confirm the details through consultation with a criminal attorney.
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