Deals & Cases

Special (aggravated) assault resulting in injury
Special (aggravated) assault resulting in injuryNon-prosecution

[Assistance from a Bucheon Attorney] A Client Charged with Special Assault Receives a Non-Prosecution Decision with the Help of a Bucheon Attorney

The client who came to the Bucheon office faced a charge of special assault resulting in injury after using a vehicle to inflict injury on the victim, and requested the assistance of a Bucheon attorney.

1. A Client Who Came to a Bucheon Attorney

The client who came to a Bucheon attorney turned to Daeryun Law Firm to reduce the punishment after committing retaliatory driving that caused an accident and resulted in injury to the victim.

A Client Who Requested the Assistance of a Bucheon Attorney

The client who requested the assistance of a Bucheon attorney came to commit the offense in this case after failing to control a momentary anger on the day of the incident.

The client became angry at the victim's vehicle, which forced its way into the lane while driving in the first lane, and decided to engage in retaliatory driving.

The client overtook the victim's vehicle and then braked suddenly, and the victim noticed this too late, which led to a rear-end collision.

As a result, the client damaged the victim's vehicle to the extent of seven million won in repair costs and caused an injury requiring two weeks of treatment.

Having been the subject of a complaint on a charge of special assault resulting in injury, the client requested the assistance of a Bucheon attorney to reduce the punishment.

Statutes Related to the Case, Explained by a Bucheon Attorney

Article 257 (Bodily Injury, Bodily Injury to a Lineal Ascendant)

(1) A person who inflicts bodily injury on 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 10 million won.

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

Article 258-2 (Special Bodily Injury)

(1) A person who, by displaying the power of a group or multitude or by carrying a dangerous object, inflicts bodily injury on his or her own or a spouse's lineal ascendant or on another person, or commits the crime under paragraph (2), shall be punished by imprisonment for at least one year but not more than ten years.

(2) A person who, by displaying the power of a group or multitude or by carrying a dangerous object, inflicts bodily injury on another and thereby endangers that person's life shall be punished by imprisonment for at least two years but not more than twenty years.

Article 260 (Assault, Assault on a 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 5 million won, detention, or a minor fine.

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

Article 261 (Special Assault)

A person who, by displaying the power of a group or multitude or by carrying a dangerous object, commits assault against the body of another shall be punished by imprisonment for not more than five years or a fine not exceeding 10 million won.

2. Assistance Provided by the Bucheon Attorney

The Bucheon attorney established a strategy through consultation with the client. Emphasizing that the client had no prior criminal record before this incident and had reached an amicable settlement with the victim, the attorney argued grounds for mitigation.

Bucheon Attorney Argues That the Suspect Had No Criminal Record Before This Incident

Before this incident, the suspect had no criminal record and had lived as a public official in compliance with the law.

The attorney argued that the incident occurred through foolish thought and conduct, and that the suspect was deeply repentant and reflecting on his conduct.

Bucheon Attorney Argues That a Settlement Was Reached with the Victim

The suspect conveyed an apology to the victim, who would have suffered from his conduct, and provided compensation for the harm.

The attorney argued that the victim, accepting this, wished for leniency toward the suspect.

Bucheon Attorney Argues That the Suspect Did Not Anticipate That an Accident Would Occur

The suspect believed that the victim could have avoided the accident if the victim had simply observed the duty of care to maintain a safe following distance.

The attorney therefore argued that the suspect did not anticipate that an accident would occur and that this is how the offense in this case came about.

3. Result of the Bucheon Attorney's Assistance: ‘Non-Prosecution’

Accepting the Bucheon attorney's argument, the prosecution issued a non-prosecution decision for the client. Because the Bucheon attorney emphasized that the client was a first-time offender and was reflecting on his conduct, the case concluded with a non-prosecution decision.

The Bucheon Attorney's Casebook

In the case above, with the assistance of a Bucheon attorney, the client successfully obtained a non-prosecution decision after facing the risk of punishment for special assault resulting in injury.

A person who carries a dangerous object and commits assault against the body of another is subject to punishment for special assault, namely imprisonment for not more than five years or a fine not exceeding 10 million won.

Defending against this generally requires the assistance of a specialist attorney.

At Daeryun Law Firm, a specialist attorney who has handled numerous criminal cases personally resolves the client's matter.

Through detailed consultation with the client, the firm establishes a strategy and works to achieve the best possible result.

If you are facing difficulties in a situation like the case above, you may entrust your matter to a Bucheon attorney at Daeryun Law Firm.

[부천변호사 조력] 부천변호사의 조력으로 특수폭행 의뢰인 불기소

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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