Assistance from a Pohang Criminal Attorney | Client Accused of Assault Obtains Non-Prosecution with the Assistance of a Pohang Criminal Attorney

2024.08.16박동일

The client who came to a Pohang criminal attorney was implicated in an assault charge and requested a consultation from a criminal attorney at the Pohang office in order to resolve the case with the assistance of an attorney specializing in this field.

1. The Client Who Came to a Pohang Criminal Attorney

Pohang criminal attorney consultation — Click the image above to view information on the crime of assault.

The client who came to a Pohang criminal attorney held a consultation with a criminal attorney at the Pohang office in order to be cleared of an assault charge with the assistance of an attorney specializing in this field.

How the Client Came to a Pohang Criminal Attorney

The client in this case had frequent disputes with a resident on the floor below over an inter-floor noise problem.

One day, the downstairs resident, angered by noise from the client's home, came to the client's home, and the two got into an argument.

The dispute intensified and soon escalated into a physical altercation, and the downstairs resident cursed at the client and the client's daughter and pushed them.

In order to ward off the other party's assault, the client raised an arm and pushed the other party's arm.

The other party filed a complaint alleging that this conduct by the client constituted the crime of assault.

The client felt greatly aggrieved at being implicated in an assault charge for pushing the other party in order to defend against the assault.

The client requested help from a Pohang criminal attorney in order to resolve the case with the assistance of an attorney specializing in this field.

2. Relevant Laws Explained by the Pohang Criminal Attorney

Crime of Assault

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

(1) A person who commits assault against the body of another shall be punished by imprisonment for not more than 2 years, a fine not exceeding 5 million won, detention, or a minor fine.

(2) Where a person commits the crime under paragraph (1) against a lineal ascendant of the person or of the person's spouse, the person shall be punished by imprisonment for not more than 5 years or a fine not exceeding 7 million won.

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

Criminal Act Article 261 (Special Assault)

Where a person commits the crime under Article 260 (1) or (2) by showing the collective power of a group or multitude or by carrying a dangerous object, the person shall be punished by imprisonment for not more than 5 years or a fine not exceeding 10 million won.

Criminal Act Article 262 (Assault Resulting in Death or Injury)

- Where a person commits the crime under Articles 260 and 261 and thereby causes the death or injury of another, the provisions of Articles 257 through 259 shall apply.

3. The Pohang Criminal Attorney's Assistance

The Pohang criminal attorney conducted a close consultation with the client, analyzed the client's case, and asserted the following.

The Pohang Criminal Attorney Argues That the Client's Defense Constituted Legitimate Self-Defense

The attorney emphasized that the client's conduct was a passive defensive act undertaken to ward off the other party's assault and constituted legitimate self-defense.

The Pohang Criminal Attorney Argues That the Client Sustained Injury

The attorney emphasized that, as a result of the other party's conduct, the client sustained injury and was suffering from severe emotional distress.

The Pohang Criminal Attorney Argues That the Client Is Remorseful

The attorney emphasized that, setting aside how the incident came about, the client deeply reflects on and regrets the fact of having caused harm to the other party.

4. The Prosecution's Decision on the Pohang Criminal Attorney's Argument

The prosecution accepted the Pohang criminal attorney's argument and rendered a decision of ‘non-prosecution’.

If You Need the Help of a Pohang Criminal Attorney

In a criminal case, 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 Law Firm forms a team of 3 to 20 attorneys specializing in criminal matters appropriate to the scale of the case and presents a reasonable and well-grounded 🔗criminal case strategy.

The firm also operates a system that allows consultation and prompt response 24 hours a day, 365 days a year.

If you need the assistance of an attorney specializing in this field, you are welcome to come to a Pohang criminal attorney at any time.

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This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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