Deals & Cases
Uijeongbu Law Firm Case Example | Non-Referral for a Client Who Came to the Uijeongbu Office on a Special Assault Matter
The client who came to the Uijeongbu law firm had been wrongfully reported for special assault. Seeking to prove the absence of charges, the client came to the Uijeongbu office and requested legal assistance.
1. The Client Who Came to the Uijeongbu Law Firm
The client who came to the Uijeongbu law firm was reported for special assault by a squad member and came to be investigated by the military police.
However, the squad member's account was very different from the facts.
Feeling that this was unjust, the client sought to prove the absence of charges and requested assistance from the Uijeongbu law firm.

Circumstances Leading the Client to the Uijeongbu Law Firm
This is the matter of a client who came to the Uijeongbu law firm and requested assistance.
The client is a service member and serves as a squad leader.
The client had ordinarily played soccer and similar activities with squad members, setting penalties in advance.
The penalties reportedly consisted mainly of receiving flicks on the forehead.
Up to that point, when there had been instances of striking in jest or causing harm by accident, the client reportedly resolved matters amicably with the squad members by apologizing.
Then, suddenly, one squad member reported the client for special assault.
The victim stated that the client struck the victim with a soccer ball and choked the victim with a metal clothes hanger.
However, this was very different from the facts, and the client felt that it was deeply unjust.
In the end, in order to prove the absence of charges, the client entrusted the matter to the Uijeongbu law firm.
Statutes Relating to the Matter as Explained by the Uijeongbu Law Firm
When a person holding the status of a service member becomes involved in a criminal matter, that person is punished under the Military Criminal Act.
Military Criminal Act Article 60 (Assault, Intimidation, etc. against a Service Member, etc. Performing Official Duties)
(1) A person who commits assault or intimidation against a person performing official duties, other than a superior or a sentry, shall be punished according to the following classifications.
1) In the case of being in the presence of the enemy: imprisonment for not more than 7 years
2) In other cases: imprisonment for not more than 5 years or a fine not exceeding 10 million won
(2) A person who commits the crime under paragraph (1) by forming a group or by carrying a deadly weapon or other dangerous object shall be punished according to the following classifications.
1) In the case of being in the presence of the enemy: imprisonment for a definite term of not less than 3 years
2) In other cases: imprisonment for a definite term of not less than 1 year
(3) Where two or more persons jointly commit the crime under paragraph (1) without forming a group, the sentence prescribed in paragraph (1) shall be increased by up to one half.
(4) A person who commits a crime under paragraphs (1) through (3) and thereby causes the death of a service member, etc., other than a superior or a sentry, performing official duties shall be punished according to the following classifications.
1) In the case of being in the presence of the enemy: the death penalty, life imprisonment, or imprisonment for not less than 5 years
2) In the case of wartime, a state of emergency, or a martial law area: a person who commits the crime under paragraph (1) shall be subject to the death penalty, life imprisonment, or imprisonment for not less than 3 years; a person who commits the crime under paragraph (2) or (3) shall be subject to the death penalty, life imprisonment, or imprisonment for not less than 5 years
3) In other cases: a person who commits the crime under paragraph (1) shall be subject to life imprisonment or imprisonment for not less than 3 years; a person who commits the crime under paragraph (2) or (3) shall be subject to life imprisonment or imprisonment for not less than 5 years
(5) A person who commits a crime under paragraphs (1) through (3) and thereby causes bodily injury to a service member, etc., other than a superior or a sentry, performing official duties shall be punished according to the following classifications.
1) In the case of being in the presence of the enemy: life imprisonment or imprisonment for not less than 3 years
2) In other cases: imprisonment for a definite term of not less than 1 year
2. Assistance Provided by the Uijeongbu Law Firm
The attorney at the Uijeongbu law firm understood the client's matter in detail through a careful consultation with the client.
On this basis, the attorney denied all of the alleged facts against the client and argued as follows.
Uijeongbu Law Firm: Rebutting the Victim's Statement as Untrue
The victim stated that the client struck the victim with a soccer ball and attempted to choke the victim using a metal clothes hanger.
However, that statement was entirely untrue, and the client had never used a metal clothes hanger at all.
Accordingly, the attorney at the Uijeongbu law firm argued that the victim's statement lacked credibility.
Uijeongbu Law Firm: Arguing That the Eyewitness Statements of Other Squad Members Were Untrue
Other squad members gave false statements claiming that they had witnessed the client assaulting the victim.
However, the attorney at the Uijeongbu law firm argued that the squad members' statements were false by establishing that the squad members were not present at the scene at the time of the incident.

3. Result of the Uijeongbu Law Firm's Assistance: No Suspicion of Crime
As a result of the diligent assistance provided by the attorney at the Uijeongbu law firm, the police rendered a non-referral decision on the client's matter.
The client, who had been full of worry that the injustice might not be resolved, was able to prove the absence of charges with the help of the attorney at the Uijeongbu law firm.
If You Need the Assistance of the Uijeongbu Law Firm
The above matter was a case in which a client who is a service member was reported for special assault by a squad member and came to the Uijeongbu law firm to resolve the injustice.
If you have been wrongfully involved in a crime as described above, you are welcome to come to the Uijeongbu office of Daeryun at any time.
![의정부법무법인 [의정부법무법인 조력사례] 특수폭행으로 의정부법무법인 찾아온 의뢰인 불송치](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240704052945192.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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