Pohang Criminal Litigation Attorney | Repeat Bodily Injury Offender Defends a Criminal Case With a Minor Fine

The client who requested assistance from an attorney at the Pohang office had committed infliction of bodily injury and was facing a criminal case.

On the day of the incident, the client was drinking with friends.

A foreigner made a racist remark toward the client’s friend, and the angry client kicked the complainant in the abdomen.

The complainant then fought back, and the situation escalated into a major physical altercation.

After a prolonged struggle, the client fell down together with the complainant, and upon getting up to check, the client reportedly found that the complainant was bleeding from the head.

Ultimately charged through a criminal complaint of infliction of bodily injury by the complainant, the client requested a consultation on this criminal case with the criminal litigation attorney at the Pohang office in order to lower the level of punishment.

▶Criminal Act Article 257 (Bodily Injury, Bodily Injury to a Lineal Ascendant)

① A person who inflicts bodily injury on another shall be punished by imprisonment for not more than 7 years, suspension of qualifications for not more than 10 years, or a fine of not more than 10 million won.

② A person who commits the offense under paragraph (1) against his or her own or a spouse's lineal ascendant shall be punished by imprisonment for not more than 10 years or a fine of not more than 15 million won.

▶Criminal Act Article 258 (Serious Bodily Injury, Serious Bodily Injury to a Lineal Ascendant)

① A person who inflicts bodily injury on another and thereby creates a danger to life shall be punished by imprisonment for not less than 1 year and not more than 10 years.

② The same punishment as in the preceding paragraph shall apply to a person who, through bodily injury, causes disability or an incurable or hard-to-cure disease.

③ A person who commits the offense under the preceding two paragraphs against his or her own or a spouse's lineal ascendant shall be punished by imprisonment for not less than 2 years and not more than 15 years.

▶Criminal Act Article 259 (Bodily Injury Resulting in Death)

① A person who inflicts bodily injury on another and thereby causes death shall be punished by imprisonment for a definite term of not less than 3 years.

② A person who commits the offense under the preceding paragraph against his or her own or a spouse's lineal ascendant shall be punished by life imprisonment or imprisonment for not less than 5 years.

▶Punishment of Violences Act Article 2 (Assault, etc.)

② For a person who, together with one or more other persons, commits any of the offenses listed in the following subparagraphs, the punishment prescribed in the relevant provision of the Criminal Act shall be increased by up to one half.

The client feels guilt and remorse for having inflicted bodily injury on the victim in this criminal case.

Accordingly, the attorney at the Pohang office argued that, given the client's deep remorse, the punishment for the offense of bodily injury should be mitigated.

The victim first made a racially discriminatory remark toward the client's friend, along with conduct that included verbal abuse.

The criminal litigation attorney at the Pohang office therefore argued that there were some circumstances warranting consideration in how the client came to commit the offense.

The medical records of the victim, who was assaulted by the client, indicate that the degree of bodily injury was not severe.

On this basis, the criminal litigation attorney at the Pohang office emphasized that the degree of the victim's bodily injury was relatively not serious.

The case above involved a client who, after being charged with the offense of bodily injury and facing criminal litigation, requested a consultation with the Pohang criminal litigation attorney to seek assistance.

If you are facing criminal litigation as described above, you may entrust your case to the Pohang criminal litigation attorney at Daeryun Law Firm at any time.