Bundang Criminal Attorney Assistance | Bundang Attorney, Defending the Original Judgment in a Military Assault Case on Appeal

This is the account of the client who requested assistance from the Bundang criminal attorney.

The client is a service member who works in the same unit as the victim.

On the day of the incident, the client brought his girlfriend to the quarters.

The victim reportedly objected to a civilian woman being admitted into the quarters.

Angered by this, the client struck the victim on the cheek several times, inflicting an injury requiring about seven weeks of treatment.

In the end, the client received a fine at the original trial on the charge of infliction of bodily injury, but the military prosecutor filed an appeal.

Infliction of bodily injury is punishable by imprisonment for up to seven years or a fine of up to 10 million won, while assault is punishable by imprisonment for up to two years, a fine of up to 5 million won, detention, or a minor fine. In short, the level of punishment differs.

The biggest difference is how the case proceeds when the victim expresses an intention not to seek punishment. Because assault is a crime not punishable against the victim's will, the offender can be relieved of criminal liability if the victim does not want punishment, but with infliction of bodily injury, criminal liability itself cannot be avoided.

Criminal Act Article 257 (Bodily Injury, Bodily Injury on a Lineal Ascendant)

(1) A person who inflicts bodily injury on the body of another shall be punished by imprisonment for up to seven years, suspension of qualifications for up to 10 years, or a fine of up to 10 million won.

(2) If a person commits the crime under paragraph (1) against his or her own or a spouse's lineal ascendant, he or she shall be punished by imprisonment for up to 10 years or a fine of up to 15 million won.

(3) An attempt to commit the crimes under the preceding two paragraphs is punishable.

The client admitted all of the facts charged and emphasized that he held deep feelings of remorse toward the victim.

In order to pursue a settlement with the victim, the client deposited a substantial amount with funds he had raised with difficulty.

He then reached a settlement with the victim and emphasized that the victim no longer sought punishment of the client.

On the day of the incident, when the victim strongly objected, the client became angry and committed assault, but in the course of it both parties used violence against each other.

The defense emphasized that the client, too, sustained an injury requiring about two weeks of treatment.

A person who inflicts bodily injury on another may be punished by imprisonment for up to seven years, suspension of qualifications for up to 10 years, or a fine of up to 10 million won.

If, like the client, a person is involved while holding the status of a service member, there may be various disadvantages such as suspension from duty or removal, so it is recommended to obtain the help of an attorney.

Daeryun Law Firm examines the circumstances before and after a case, gathers various grounds for sentencing, and establishes a systematic strategy.

If you are facing difficulty in a situation similar to the case above, please 🔗book a Daeryun legal consultation to entrust your case.