Gunsan Criminal Attorney Assistance Case | A Fine Imposed for Assault with the Assistance of a Gunsan Criminal Attorney

The client who came to the Gunsan criminal attorney had gone to a hotel with a partner.

At the hotel, friction arose with the partner, and a verbal argument escalated into a physical altercation.

In order to respond to the partner's violence, the client struck the partner with a fist.

In the end, the client was charged with assault on suspicion of striking the partner's face several times and stamping on the partner's body.

However, the client, who had ordinarily suffered from the partner's dating violence, expressed a sense of injustice, stating that they had merely defended against the assault.

Accordingly, in order to avoid an actual custodial sentence of imprisonment with labor for assault, the client requested the assistance of a Gunsan criminal attorney at Daeryun Law Firm.

■ Relevant Statutes for the Case as Explained by the Gunsan Criminal Attorney

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

(1) A person who inflicts bodily injury upon another shall be punished by imprisonment with labor for not more than seven years, suspension of qualifications for not more than ten years, or a fine not exceeding 10 million won.

(2) A person who commits the crime under paragraph (1) against the person's own or a spouse's lineal ascendant shall be punished by imprisonment with labor for not more than ten years or a fine not exceeding 15 million won.

(3) An attempt to commit the crimes under the preceding two paragraphs shall be punished.

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

(1) A person who inflicts bodily injury upon another and thereby causes danger to life shall be punished by imprisonment with labor for not less than one year and not more than ten years.

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

(3) A person who commits the crimes under the preceding two paragraphs against the person's own or a spouse's lineal ascendant shall be punished by imprisonment with labor for not less than two years and not more than fifteen years.

■ Criminal Act Article 258-2 (Special Bodily Injury)

(1) A person who commits the crime under Article 257 (1) or (2) by displaying the collective force of a group or multitude, or by carrying a dangerous object, shall be punished by imprisonment with labor for not less than one year and not more than ten years.

(2) A person who commits the crime under Article 258 by displaying the collective force of a group or multitude, or by carrying a dangerous object, shall be punished by imprisonment with labor for not less than two years and not more than twenty years.

(3) An attempt to commit the crime under paragraph (1) shall be punished.

■ Criminal Act Article 260 (Assault, Assault Against Lineal Ascendant)

(1) A person who commits assault against the body of another shall be punished by imprisonment with labor for not more than two years, a fine not exceeding 5 million won, detention, or a minor fine.

(2) A person who commits the crime under paragraph (1) against the person's own or a spouse's lineal ascendant shall be punished by imprisonment with labor for not more than five years or a fine not exceeding 7 million won.

(3) The crimes under paragraphs (1) and (2) shall not be prosecuted against the express will of the victim.

Criminal Act Article 261 (Special Assault) A person who commits the crime under Article 260 (1) or (2) by displaying the collective force of a group or multitude, or by carrying a dangerous object, shall be punished by imprisonment with labor for not more than five years or a fine not exceeding 10 million won.

It was argued that the client was a diligent member of society with no prior criminal record whatsoever.

The client had ordinarily and regularly suffered “dating violence” from the partner.

It was argued that, on this occasion as well, the client had merely flailed the arms and legs at random in order to defend against the partner's assault.

The Gunsan criminal attorney argued that the client admitted and confessed to all of the facts of the assault.

The attorney emphasized that the client consented to the use of all submitted evidence and was deeply regretful.

The client who came to a Gunsan criminal attorney had been charged with assault and requested assistance in order to avoid an actual custodial sentence of imprisonment with labor.

As a result of the Gunsan criminal attorney's assistance, the client was able to receive a fine for the assault.

In criminal cases, Daeryun Law Firm assembles teams of three or more members with specialized criminal knowledge to assist clients.

If you are facing a situation similar to that of the client above, you are welcome to request the assistance of a Gunsan criminal attorney at Daeryun Law Firm at any time.