Deals & Cases
Gwangju Law Firm Assistance | Client Charged with Infliction of Bodily Injury and Child Abuse Defends Against the Charges to a Fine with the Assistance of the Gwangju Law Firm
The client who came to the Gwangju law firm was implicated in charges of infliction of bodily injury and child abuse and was in a situation in which it was difficult to avoid a custodial sentence.
The client therefore requested assistance from the Gwangju law firm.
1. The Client Who Came to the Gwangju Law Firm
The client who came to the Gwangju law firm inflicted bodily injury on his wife and emotionally abused his young children by exposing them to domestic violence.
The client faced the risk of receiving a heavy sentence on charges of infliction of bodily injury and child abuse, and so came to the Gwangju law firm.
The Circumstances of Coming to the Gwangju Law Firm
The client in this case had an argument with the victim, his wife, inside a vehicle that was traveling on the road.
Angered, the client stopped his vehicle on the shoulder of the road.
Unable to contain his anger as the argument grew more heated, the client struck the face of the victim, who was sitting in the seat behind the driver’s seat, with his fist several times.
As a result, the victim sustained a bodily injury consisting of a fracture of the nasal bone requiring approximately four weeks of treatment.
Even though his young children were sitting on either side of the victim,
the client struck the victim’s face several times, thereby exposing his young children to domestic violence.
Having committed an emotional abuse against the victim children in addition to the crime of infliction of bodily injury, the client faced the risk of receiving a heavy sentence.
The client came to the Gwangju law firm in order to reduce the sentence as much as possible.
2. Laws Relevant to the Case as Explained by the Gwangju Law Firm
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 for not more than seven years, suspension of qualifications for not more than ten years, or a fine not exceeding ten million won.
(2) A person who commits the crime under paragraph (1) against his or her own or his or her spouse’s lineal ascendant shall be punished by imprisonment for not more than ten years or a fine not exceeding fifteen million won.
(3) An attempt to commit the crimes under the preceding two paragraphs shall be punished.
Criminal Act, Article 261 (Special Assault)
- A person who commits the crime under Article 260 (1) or (2) by displaying the power of a group or multitude, or by carrying a dangerous object, shall be punished by imprisonment for not more than five years or a fine not exceeding ten million won.
Criminal Act, Article 262 (Death or Injury Resulting from Assault)
- Where a person commits a crime under Article 260 or 261 and thereby causes the death of or bodily injury to another, the provisions of Articles 257 through 259 shall apply.
Punishment of a Person Who Commits Child Abuse
In the case of physical abuse, emotional abuse, or neglect, a person may be sentenced to imprisonment for not more than five years or a fine not exceeding fifty million won, and in the case of sexual abuse, a person may be sentenced to imprisonment for not more than ten years or a fine not exceeding one hundred million won. In addition, under the Act on Special Cases concerning the Punishment of Child Abuse Crimes, a person who commits child abuse may be subject to aggravated punishment depending on the degree of the child abuse or the level of the legal violation.
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3. The Assistance Provided by the Gwangju Law Firm
In order to reduce the client’s sentence as much as possible, the Gwangju law firm analyzed the case with a focus on the circumstances favorable and unfavorable to the client.
It then prepared a suitable step-by-step response plan and assisted the client.
The Gwangju law firm argued the following.
The Gwangju Law Firm Emphasizes That the Client Is Sincerely Reflecting on His Conduct
The Gwangju law firm emphasized that the client, by failing to control his momentary emotions and causing great suffering to his spouse and beloved children,
deeply regretted having broken the bond among family members.
The Gwangju law firm emphasized that the client, taking this case as an occasion to reflect deeply on his everyday life,
resolved never to repeat the same wrongdoing and wrote a letter of reflection.
The Gwangju Law Firm Emphasizes That the Client Reached a Settlement with the Victim
The Gwangju law firm emphasized that the client paid consolation money to the victim and, as a division of marital property, transferred ownership of the client’s apartment to the victim,
and that a criminal settlement was also amicably reached.
The Gwangju law firm emphasized that the victim, accordingly, expressed an intention not to seek punishment of the client.
The Gwangju Law Firm Emphasizes That There Is No Risk of Reoffending by the Client
The Gwangju law firm emphasized that, before this case, the client had no prior convictions for the same type of offense,
and had lived a diligent life as a member of society without having been involved in any crime.
Accordingly, the Gwangju law firm emphasized that there is no risk of reoffending by the client.
4. The Court’s Judgment on the Gwangju Law Firm’s Arguments
The court, accepting the Gwangju law firm’s arguments, imposed a relatively light ‘fine’ on the client.
If You Need the Assistance of the Gwangju Law Firm
In criminal cases, the initial response is very important.
In order to secure the critical early window in a criminal case, the assistance of an attorney specializing in criminal matters can be considered essential.
Daeryun has formed a team of attorneys specializing in criminal matters and presents reasonable and appropriate strategies for criminal cases.
It also operates a system that provides consultation and prompt response 365 days a year, 24 hours a day.
If you need the assistance of an attorney specializing in criminal matters, please visit Daeryun at any time.
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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