Gwangju Law Office Assistance Case | Securing a Fine for an Assault Case Client Through the Gwangju Law Office's Assistance

The client who consulted at the Gwangju law office had been charged with assault after a physical altercation with the victim.

On the ground that the client was making noise on an empty lot owned by the victim, the victim brought over a piece of wood lying nearby and assaulted him.

The victim also slapped the client on the cheek and struck him on the arms, legs, and other areas.

In response, the client pushed and bit the victim in order to defend against the victim's assault.

In the end, the client was charged with assault and requested assistance from the Gwangju attorney at the Gwangju law office in order to avoid an actual custodial sentence of imprisonment.

■ Statutes Relevant to Assault, as Explained by the Gwangju Law Office

▶Criminal Act Article 260 (Assault, Assault on Lineal Ascendant)

(1) A person who commits 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.

▶Criminal Act Article 21 (Self-Defense)

(1) An act that is performed to defend the legal interests of oneself or another against a present and unjust infringement shall not be punishable when there is a reasonable ground for it.

(2) When a defensive act exceeds the bounds of reasonableness, the punishment may be mitigated or remitted according to the circumstances.
(3) In the case of the preceding paragraph, where the act was committed at night or under other uneasy circumstances owing to fear, alarm, agitation, or confusion, the act shall not be punishable.

The Gwangju office argued that when the victim approached holding a piece of wood, the client was startled and pushed the victim away involuntarily, showing no intent whatsoever to commit assault.

Likewise, when a finger entered the client's mouth, the client was surprised and closed it, and this too was not done with any intent to bite.

The degree of assault that the victim received from the client was not as serious as the assault that the client had received.

Accordingly, the Gwangju office argued that the victim did not need to go to a hospital for treatment.

The victim assaulted the client first out of anger.

The client only responded in order to defend against this.

The Gwangju office emphasized that the client suffered serious bodily injury from the victim's assault and had to receive treatment at a hospital.

The client was charged with assault after a mutual altercation with the victim.

With the assistance of a Gwangju attorney, the client was able to avoid an actual custodial sentence and receive a fine in the assault case.

At the Gwangju office, a Gwangju attorney with extensive knowledge of criminal litigation law assists clients.

If you are facing a situation similar to that of the client above, please feel free to visit Daeryun Law Firm's Gwangju Office and request assistance.