Gwanggyo Criminal Attorney's Assistance | Client Accused of Domestic Violence Receives a Small Fine with Daeryun's Help

The client learned that his wife had had an affair with another man and had been defrauded financially in the process.

Although he was deeply shocked, he decided to continue the marriage for the sake of their children and chose to forgive his wife, and he repaid in full the loan she had needed after being defrauded.

However, his wife continued to come home late, and his distrust inevitably grew.

Out of anger, he damaged his wife's clothes and bag. When his wife found out, a major dispute arose, and during the dispute he scuffled with her while demanding to see her mobile phone.

At that point, however, his wife reported him to the police, claiming that she had been assaulted by him.

In this way, the client was referred to criminal trial on charges of destruction of property and assault.

🔗Destruction of property is a crime that is established when a person damages or conceals another person's property, documents, or records, or otherwise renders an item unusable.

Destruction of property is established not only by permanent destruction but also by temporary destruction, and the most important element in its establishment is intent. If the property is destroyed by accident, the crime is not established.

▣ Criminal Act Article 366 (Destruction of Property, etc.)

A person who damages or conceals another person's property, document, or special media records such as electromagnetic records, or otherwise impairs their utility, shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 7 million won.

The client also faced the risk of 🔗domestic violence punishment. In particular, because he had committed physical violence, the Criminal Act was applied to him.

▣ 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 A person who commits the crime referred to in paragraph (1) against his or her own or his or her spouse's lineal ascendant shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 7 million won.

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

The client argued that, with respect to damaging his wife's clothes and bag, he had bought her new items and had paid the installments on the bag on her behalf, thereby providing compensation.

The Gwanggyo criminal attorney argued that the incident between the two was no more than an ordinary marital dispute, and that there was no fact that the client had unilaterally assaulted his wife.

The attorney argued that the wife, who was alleging that the client had committed child abuse, was in fact a person who had habitually inflicted emotional abuse on the children.

He argued that the wife was fabricating the children's statements in order to gain an advantageous position in the divorce litigation.