Assault Settlement | Joint Assault Charge: Securing an Assault Settlement and a Non-Prosecution (No Suspicion of Crime) Decision

The Daeryun criminal law specialist attorney analyzed the 6-hour recording submitted by the complainant and confirmed that there was a gap of about 1 hour between the time of the client's assault and the time of the friend's assault.

This was a key basis for arguing that the case did not meet the elements of joint assault, namely the same opportunity, mutual awareness, and an accomplice relationship.

In addition, the attorney presented Supreme Court Decision 2013Do4430 and set out the legal principle as follows.

“The phrase ‘where two or more persons jointly commit assault’ under Article 2(2) of the Punishment of Violences Act requires the existence of an accomplice relationship in which the persons, at the same place and on the same occasion, are aware of one another's assault and make use of it to commit the offense.”

On the basis of this provision, the attorney actively argued that only individual assault by the client was established and that joint assault could not be established.

Joint assault is not a crime not punishable against the victim's will, but individual assault may be terminated by a decision of no right to prosecute depending on the victim's intention regarding punishment.

The attorney made use of this and promptly proceeded with representation for an assault settlement with the complainant's side.

• Explaining the circumstances of the assault
• Clarifying that it was impulsive conduct arising from a financial dispute
• Conveying a promise to prevent recurrence and a courteous apology
• Supporting the calculation of the settlement amount and the drafting of the settlement document

Daeryun coordinated the assault settlement proposal on behalf of the client, and ultimately succeeded in obtaining a statement of no wish for punishment from the victim.

The exercise of physical force against the body itself constitutes assault, and it is established even without actual bodily injury.

There are three elements for the establishment of assault: intent, the exercise of physical force, and infringement of the other party's body.

In addition, a joint assault charge is established only where two or more persons, in the same time and place, are aware of one another's assault and jointly carry it out as accomplices.

The mere fact that several persons each committed assault does not automatically result in joint assault.

Assault is a crime not punishable against the victim's will, so if the victim expresses an intention that he or she “does not wish for punishment,” the investigation may be terminated.

Even if the records and evidence are unfavorable, the right to prosecute is extinguished once a settlement is reached, so a proactive settlement is very important.

However, where joint assault is also at issue, a process of refuting the joint assault charge through a legal analysis is required separately from the settlement.

1. Analysis of digital evidence such as recordings and CCTV is essential
2. Clearly distinguishing the time, place, and relationship of the actors involved in the assault to determine whether joint assault is established
3. For assault, promptly reviewing the possibility of settlement and presenting a settlement proposal as quickly as possible
4. Refraining from emotional responses and then organizing the matter through a written opinion from counsel
5. Specifying factors such as the financial dispute, the impulsive nature, and mitigating circumstances
6. Direct contact with the victim is risky → representation for a settlement through a professional is essential