A Case of Assistance with Special (Aggravated) Bodily Injury | Threatening a Neighbor with a Bladed Object on a Charge of Special Bodily Injury, Resulting in a Suspension of Indictment

The client's mother (the suspect) had long been receiving treatment for mental health issues, and her anxiety had gradually grown as minor conflicts with a neighbor recurred.

In the midst of this, a particular misunderstanding compounded matters and the situation deteriorated significantly, eventually leading to conduct in which she threatened a neighbor with a paring knife she was holding.

At the time, the mother was under the mistaken belief that the neighbor had stolen her clothes, and because her ability to perceive reality was diminished, she was unable to properly control the situation.

When the victim tried to stop her, some of the conduct ended in an attempt, but in the course of the events that followed, actual injury occurred as she pulled the victim's arm and caused the victim to fall, so that charges of both special bodily injury and attempted special bodily injury were applied.

As the matter escalated into a far larger case than expected, the client grew worried, wondering, “Will my mother perhaps be punished severely?” and “If we do not respond properly to the investigation, will the misunderstanding grow even worse?”

For these reasons, he ultimately came to the firm and requested a consultation in order to obtain prompt assistance.

The criminal law attorney first factually reconstructed the suspect's mental state at the time of the incident and the situation of misperception caused by her delusions, by comparing the investigation records with the medical records.

In addition, by emphasizing the following points, the attorney made clear that there was “no intent to conceal the offense and no lack of cooperation in the investigation,” thereby removing sources of concern for the investigative authorities.

The attorney also prepared a statement-protection strategy for the suspect so that any omissions in her statements caused by confusion of memory during the investigation could be supplemented, thereby preventing unnecessary misunderstanding.

To prove that the suspect had long suffered from non-organic psychosis, Alzheimer's dementia, delusions of reference, and persecutory delusions, the criminal law attorney systematically submitted the following materials.

Principal Supporting Materials

In particular, the attorney explained, on a medical basis, that the unrealistic belief that “the neighbor had stolen her clothes,” caused by delusions of reference, was the direct cause of the incident, thereby emphasizing that the likelihood of criminal intent was markedly low.

Through this, the attorney persuasively presented the point that the suspect's mental capacity was impaired, so that it would serve as an important mitigating factor at the sentencing stage.

A case in which a person threatens another with a bladed object and an injury results is ordinarily difficult to settle.

However, the criminal law attorney did not give up and sought to calm the victim's feelings and to find a realistic plan for compensation, thereby reaching a settlement.

In particular, during the criminal conciliation process, in order to ease the victim's anxiety, the attorney systematically explained the suspect's current treatment status, the family's care plan, and the remorse of the suspect and her family.

As a result, the victim's side clearly expressed an intention that the suspect not be punished, and this became a decisive factor that substantially increased the likelihood of a suspension of indictment.

Together with the materials, the criminal law attorney argued that the risk of reoffending was low, emphasizing the following points.

In addition, by presenting the family's letters of appeal and a daily-living management plan to make clear that the suspect does not live independently, the attorney objectively demonstrated that the likelihood of reoffending was ‘very low’.

The offense of special (aggravated) bodily injury is established when a person inflicts bodily injury on another while displaying the collective force of a group or a crowd, or while carrying a dangerous object.

An attempt may also be subject to punishment (Article 258-2(3) of the Criminal Act), and it is punished far more severely than ordinary bodily injury.

Level of Punishment

In a case such as the above, because of the element of ‘the use of a bladed object,’ the motive, circumstances, and degree of the injury are examined very closely, and mental illness, dementia, and the like can be important mitigating factors in assessing mental capacity.

In a criminal case, the outcome can in fact vary greatly depending on the precision of the initial response.

Daeryun Law Firm includes many professionals who have handled a wide range of criminal cases, including criminal law attorneys registered with the Korean Bar Association.

Assistance System

If you are worried that a family member may be unfairly subjected to heavy punishment in a similar situation, please request assistance through a 🔗Legal Consultation Reservation.