Mokpo Attorney Referral Case | The Client Charged with Special (Aggravated) Assault Who Was Referred to a Mokpo Attorney: The Case Concluded with a Fine

On the day of the incident, the client was having drinks together at the complainant's home when a fight broke out.

Because both the client and the complainant were heavily intoxicated, the fight gradually escalated.

The complainant began assaulting the client severely, and in order to defend himself, the client struck the complainant on the head with a soju bottle.

Special assault refers not to simple assault but to a case in which assault is committed while carrying a dangerous instrument such as a weapon, or in which the assault is committed by a group or organization.

Special assault is treated as a more serious crime than simple 🔗assault, and the punishment is heavier.

Whereas simple assault is punishable by imprisonment for not more than 2 years or a fine not exceeding 5 million won, special assault is punishable by imprisonment for not more than 5 years or a fine not exceeding 10 million won.

Unlike simple assault, special assault is not a crime not punishable against the victim's will, and therefore the likelihood of receiving an actual custodial sentence is higher.

The client, who came on a referral for a Mokpo attorney, asserted that it had not been an intentional assault.

After the fight broke out, it was the complainant who assaulted the client first.

The client is far smaller than the complainant in height and build.

It is impossible for the client, who is smaller than the complainant, to respond with bare hands to the complainant, who was assaulting indiscriminately.

The Mokpo attorney emphasized that the client had no choice but to respond using an object in order to defend the client.

The client, who came on a referral for a Mokpo attorney, asserted that it had been an impulsive act.

The complainant and the client were ordinarily close friends, and the client had no reason whatsoever to assault the complainant for any purpose.

The Mokpo attorney emphasized that the client’s conduct was an act of self-defense arising from a sudden fight.

In addition, in response to the complainant’s indiscriminate assault, the client merely swung an object that came to hand.

The Mokpo attorney explained that the client did not intentionally carry a dangerous object to commit assault.