Special Assault Attorney | Defending a Client Accused of Special Assault and Obtaining a Suspension of Sentencing

2024.10.17박동일

The special assault attorney defended a client who sought the attorney's assistance after being charged with special assault. With the assistance of the special assault attorney, the client was able to obtain a judgment of suspension of sentencing.

1. The Client Who Sought a Special Assault Attorney

The following are the circumstances of the client who came to the special assault attorney.

The client of the special assault attorney was charged with special assault, and the alleged facts were as follows.

The client was working as an instructor at a training center, and on the day of the incident, a high school visited the training center.

In the course of supervising the students, the client of the special assault attorney struck with the palm of the hand a student who did not follow the instruction to be quiet, and used the handle of a mop to strike a student who did not clean properly.

The client came to the special assault attorney seeking to be relieved from the risk of punishment.

2. A Special Assault Attorney Explains Special Assault

The client of the special assault attorney was charged with special assault. Special assault refers to the crime of inflicting an 🔗assault on a person's body while displaying the collective force of a group or carrying a dangerous object.

If the suspicion of special assault is established, the offender is subject to imprisonment of up to five years or a fine of up to 10 million won under Article 261 of the Criminal Act.

While acknowledging the charges, the client of the special assault attorney earnestly requested that punishment be avoided.

3. The Special Assault Attorney Steps In to Defend the Client

In order to prevent the client's punishment, the special assault attorney presented the following defense.

The Special Assault Attorney’s Client Reached a Settlement with the Victims

The client of the special assault attorney sincerely repents of having assaulted the trainees.

The client conveyed an apology to the victims, and the victims accepted the client's apology, and a settlement was reached.

All of the victims reached an amicable settlement with the client and expressed their wish that the client not receive any social or legal punishment or disadvantage, whether criminal or civil.

The Harm to the Victims of the Special Assault Attorney’s Client Was Minor

The client of the special assault attorney did not commit the offense in this case with the intent to commit special assault or assault.

The client, while carrying out the work with the determination to effectively control a large number of people during a short training period, made a momentary wrong choice, which resulted in special assault and assault.

Because the victims sustained no injury as a result of the offense in this case, the degree of harm may be regarded as minor.

The Special Assault Attorney’s Client Was a First-Time Offender

Apart from the offense in this case, the client of the special assault attorney is a first-time offender with no criminal record and not even any record of investigation.

The client had a strong sense of compliance with the law and had been a diligent member of society who had never once broken the law.

4. The Judgment Obtained by the Special Assault Attorney

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After hearing the submissions of the special assault attorney, the court issued the following judgment for the client.

The pronouncement of the sentence against the defendant is suspended.

Suspension of the pronouncement of the sentence means that the charge is recognized but the pronouncement of the sentence is suspended.

When a judgment of suspension of sentencing is received, if no offense is committed within two years, the sentence itself may be exempted.

Why a Special Assault Attorney Is Needed

The client of the special assault attorney committed assault and special assault against not one but two victims, and was at risk of being severely punished under the law.

However, because the client sought the assistance of the Daeryun LLC special assault attorney as soon as the client became subject to the charges, the client was able to escape that risk.

At Daeryun LLC, analysis based on a wide range of data is used to anticipate the course of a client's case and to derive a reasoned response.

If, as in this case, you are anxious because you face the risk of punishment in a criminal matter such as assault or special assault, please do not hesitate to turn to Daeryun LLC.

The same quality of legal service is provided at any of the offices in regions throughout Korea.

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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