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[Special (Aggravated) Bodily Injury Complaint Representation Case] Daeryun Represented the Complaint for Special (Aggravated) Bodily Injury, and the Perpetrator Received an Actual Custodial Sentence
The client who requested Daeryun's assistance for special (aggravated) bodily injury had been continuously assaulted by a workplace superior. After Daeryun assisted the client, the perpetrator was sentenced to ten months of imprisonment.
1. The Client Who Requested Assistance for Special (Aggravated) Bodily Injury
The client who sought out Daeryun for assistance regarding special (aggravated) bodily injury had been continuously assaulted by a workplace superior. Because the client was assaulted with items such as a clothes hanger and a broom, special (aggravated) assault could apply.
The Story of the Client Who Sought Out Daeryun for Special (Aggravated) Bodily Injury
This is the story of how the client sought out Daeryun's criminal attorney and requested assistance in filing a complaint.
After a senior colleague suddenly quit, the client was left to handle all of the work alone, and the client was assaulted several times by a superior on the grounds of being inexperienced at the work.
The superior's assaults were frequent, occurring about three or four times a week, and the verbal abuse that followed was also serious.
Furthermore, having been struck on the head until a clothes hanger broke and struck on the buttocks and head until the shaft of a broom broke, the client suffered an injury requiring approximately six weeks of treatment and even received a diagnosis of post-traumatic stress disorder.
The client's parents, who discovered the client's severe injuries, were shocked and immediately decided to file a criminal complaint, and they requested that Daeryun represent them in filing the complaint.
Statutes Related to Special (Aggravated) Bodily Injury
We will explain the statutes related to the charges applied to the perpetrator, including special (aggravated) bodily injury.
■ Special (Aggravated) Bodily Injury and Assault
Among the most common offenses in criminal cases are “assault” and “infliction of bodily injury.”
Assault is established when a person intentionally exercises physical force against another and thereby causes harm,
and infliction of bodily injury is the case in which the exercise of physical force in an assault impairs the bodily or physiological functions of the other person.
Then what is special (aggravated) bodily injury?
This is the case in which a person inflicts bodily injury on another by using a tool or through the joint planning of two or more persons.
▣ Criminal Act Article 257 (Bodily Injury, Bodily Injury on Lineal Ascendant) (1) A person who inflicts bodily injury upon another shall be punished by imprisonment for not more than seven years, suspension of qualifications for not more than ten years, or a fine not exceeding ten million won. |
▣ Criminal Act Article 258-2 (Special Bodily Injury) (1) A person who commits an offense under paragraph (1) or (2) of Article 257 by displaying the collective power of a group or multitude, or by carrying a dangerous object, shall be punished by imprisonment for not less than one year and not more than ten years. |
▣ Criminal Act Article 260 (Assault, Assault on Lineal Ascendant) (1) A person who commits an assault against the body of another shall be punished by imprisonment for not more than two years, a fine not exceeding five million won, detention, or a minor fine. |
2. The Process of Assistance in Representing the Special (Aggravated) Bodily Injury Complaint
For the client, Daeryun handled the matter by representing the client in all legal acts, from attendance at the police station to settlement with the perpetrator, and assisted in the entire process necessary for representing the complaint.
In addition, in the written complaint filed on the client's behalf, the following points were emphasized.
Emphasizing the Seriousness of the Special (Aggravated) Bodily Injury Perpetrator's Offense
It was emphasized that the perpetrator assaulted the victim, the client, a total of fourteen times, that the perpetrator assaulted the client with a dangerous object, a wooden clothes hanger, until it broke, and kicked the client, and that the degree of the assault was serious.
It was emphasized that this caused not only physical harm but also significant psychological harm to the client, and that the psychological shock to the parents who witnessed it was also serious.
It was also emphasized that other employees who worked together were petitioning for the perpetrator to be severely punished.
Also Emphasizing the Charges of Coercion and Retaliatory Threat Against the Special (Aggravated) Bodily Injury Perpetrator
The client's parents learned of the perpetrator's offense upon seeing their daughter's face, which was severely bruised and swollen.
When they began to question and press the perpetrator about the offense, it was emphasized that the perpetrator intimidated the client by saying, “My father holds a high government post, so do you really want to make this a big deal?” and then “if you tell the truth, I will not let your parents off easy,” thereby threatening the client.
Furthermore, it was emphasized that there was also an instance in which the perpetrator, causing the client—who had bruises on her face, neck, and elsewhere from being beaten by the perpetrator and was unable to resist—coerced her into saying that the bruises were not caused by the perpetrator but rather that “they were from a traffic accident while riding a bicycle” or “they were bruises from a skin procedure.”
3. The Result of Representing the Victim Client's Complaint for Special (Aggravated) Bodily Injury: “An Actual Custodial Sentence Was Obtained”
The court accepted the argument of Daeryun Law Firm and rendered the judgment, “The defendant is sentenced to ten months of imprisonment.”
The court held that, although the perpetrator was a first-time offender and had made a certain amount of criminal deposit to the client, which could serve as grounds for reduction of sentence, it imposed an actual custodial sentence in order to prevent this kind of criminal conduct from occurring again in our society.
The Criminal Group of Daeryun Law Firm assists crime victims at every stage, from the police stage through the prosecution and court stages.
In order to obtain the result the client seeks, a team of three to twenty attorneys is formed depending on the matter to assist the client, so if you need help, please feel free to visit Daeryun at any time.
![특수상해 및 폭행 [특수상해죄 고소대리 사례] 특수상해죄 형사고소대리한 대륜, 가해자 실형 받아내](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240702125211777.webp&w=828&q=100)
This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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