Incheon Criminal Litigation Attorney Assistance Case | Assault Client Proves Innocence in Criminal Litigation

The circumstances of the client's case, as understood by the Incheon criminal litigation attorney, were as follows.

The client reportedly had a verbal argument while drinking with acquaintances in the village with the complainant, with whom there had been a farming-related dispute.

The client protested to the complainant, who had used the farmland facilities without permission, but the client stated that, after the protest, there was no assault of the complainant.

However, the complainant filed a criminal complaint, claiming to have been assaulted by the client, and the client was thus unjustly accused of assault.

At the police investigation stage, the complainant's statement carried significant weight, and the case was ultimately sent to trial, so the client requested legal assistance from an Incheon attorney ahead of the criminal litigation.

The client who came to an Incheon criminal litigation attorney faced a charge of assault.

Where a person exercises any unlawful physical force against the body of another, the crime of assault is established.

Here, assault is a crime that requires particular caution, because it includes not only physical harm but also mental assault and indirect exercise of physical force.

If assault is found, the offender is punished by imprisonment for up to 2 years, a fine of up to 5 million won, detention, or a minor fine.

Here, if a person commits assault by displaying the collective force of a group or a crowd, or by carrying a dangerous object, the punishment is aggravated to imprisonment for up to 5 years or a fine of up to 10 million won.

In the client's case, because there was no fact of assaulting the complainant, the Incheon attorney established a case response strategy to secure a judgment of acquittal under Article 325 of the Criminal Procedure Act.

The complainant stated that the defendant had unilaterally assaulted the complainant several times.

However, the defendant argued that there was no fact of having assaulted the complainant and that, considering the complainant's physique and other factors, the statement could not be established.

The complainant reversed the statements several times as the case proceeded.

The attorney also argued that, in the absence of objective evidence, the complainant's statements could hardly be regarded as having the degree of probative value required in a criminal trial.

Daeryun Law Firm operates a 🔗Criminal Group, and veteran specialists in the criminal field form a task force according to the scale of the case and handle the matter.

After consulting with the client, the criminal attorney identifies the facts and establishes a case response strategy.

Where a criminal charge has been applied unjustly, the attorney also conducts a legal review of various materials that can support a defense against punishment, and helps the client emerge from the difficulty through systematic assistance.

If you face an investigation or trial after a criminal complaint despite not having committed an offense, it may help to obtain the assistance of an experienced attorney.

If you are unjustly facing criminal litigation as described above, you may entrust your case at any time through a 🔗Legal Consultation Reservation.