Special (Aggravated) Assault | Client Facing Risk of an Actual Sentence Receives a Suspended Sentence Through Attorney Assistance

Special (Aggravated) Assault?

According to Article 261 of the Criminal Act,
a person "who assaults the body of another by displaying the force of a group or a crowd, or by carrying a dangerous object" may be subject to imprisonment for not more than 5 years or a fine not exceeding 10 million won.

In other words, if any one of the following three elements is included, it may be classified not as ordinary assault but as special (aggravated) assault.

① Exercise of the force of a group or a crowd

② Carrying or use of a dangerous object

③ Intent

The client acknowledged that his emotional conduct had brought about serious consequences, and he showed an attitude of sincere remorse regarding the case as a whole.

During the investigation as well, the client did not evade responsibility but honestly admitted all of the facts, and in order to recover the harm caused to the victim, he paid the full amount of all costs, including medical expenses, vehicle repair costs, and the insurance settlement amount.

These efforts to recover the harm and the attitude of remorse served as important mitigating circumstances in the special (aggravated) assault case.

The client had until then lived diligently as a member of society with no record of criminal punishment.

It was emphasized that, in a situation where he was responsible for his family's livelihood, the imposition of an actual sentence in this case could cause irreparable harm not only to his daily life but also to the lives of his entire family.

The criminal law attorney actively demonstrated the need to suspend the execution of the sentence, focusing on the client's such background and the low likelihood of reoffending.

In addition, the client was a foreign national, and if a heavy sentence for special (aggravated) assault were to become final, he was in a situation in which serious immigration-related disadvantages could arise in addition to criminal punishment.

The criminal law attorney also demonstrated that, in particular, if an actual sentence were imposed, issues with his residence status could make life with his family itself impossible.

This served not as a simple appeal for leniency but as a factor explaining the realistic and irreparable disadvantages that the weight of the sentence would bring about.

Special (aggravated) assault is regarded as a serious offense involving a vehicle, a dangerous object, or the force of a group, and it is a sensitive matter in which whether an actual sentence is imposed may depend on the manner of statements during the early investigation and on whether intent is demonstrated.

Because the more the early response is delayed, the more it can lead to consequences that are difficult to reverse, prompt and professional assistance is essential.

At Daeryun Law Firm, attorneys with experience in investigative agencies and legal practice closely review the key issues from the early stage of a case through trial and assist clients through a strategic response suited to the situation.

If you are facing an investigation or trial on suspicion of special (aggravated) assault, please entrust your case through the 🔗legal consultation reservation.