Case of Assistance from a Seoul Law Office | Seoul Law Office Obtains No Prosecution for a Client Charged with Assault as a Service Member

The following is the outline of the client's case as understood by the Seoul attorney of the Seoul law office.

On the day of the incident, the client was performing duties together with other colleagues, including the victim.

While performing duties, the client lightly tapped the victim's face with a fist as a joke.

Afterward, a colleague who was nearby said that the victim seemed to be in a bad mood and that it would be a good idea to apologize.

Accordingly, the client went to apologize to the victim, but the victim ignored this.

Then, the next day, the victim reported the client on suspicion of assault.

In order to defend against punishment, the client visited the Seoul law office of Daeryun Law Firm and entrusted the case to us.

In the case of a military 🔗assault case, because the status and duties of a service member are added, results far exceeding the act committed may be brought about.

▶ The level of punishment under the Military Criminal Act as explained by the Seoul law office

Military Criminal Act Article 60 (Assault, Threat, etc. against a Service Member, etc. in the Performance of Duties)

A person who commits assault or threat against a person, other than a superior or a sentry, who is in the performance of duties shall be punished according to the following subparagraphs.

1) In the case of facing the enemy: imprisonment for not more than 7 years

2) In other cases: imprisonment for not more than 5 years or a fine not exceeding 10 million won

■ A person who commits the crime under paragraph (1) by forming a group or while carrying a deadly weapon or other dangerous object shall be punished according to the following subparagraphs.

1) In the case of facing the enemy: imprisonment for a definite term of not less than 3 years

2) In other cases: imprisonment for a definite term of not less than 1 year

■ Where 2 or more persons jointly commit the crime under paragraph (1) without forming a group, the punishment shall be aggravated by up to one-half of the punishment prescribed in paragraph (1).

The client deeply repented of the wrongdoing and visited the victim once more to convey a sincere apology.

The Seoul law office reached an amicable settlement with the victim and emphasized that the victim did not wish for the client to be punished.

The client stated that, as a joke, he had thrown an empty-fisted swing toward the victim's face.

In response, the Seoul law office argued that the client had no intent to commit assault whatsoever.