Deals & Cases

Violation of the Punishment of Violences Act (Joint Infliction of Bodily Injury), etc.

Violation of the Punishment of Violences Act (Joint Infliction of Bodily Injury), etc.Suspended Sentence

Seongnam Criminal Attorney | Defending a Client Charged With Joint Infliction of Bodily Injury and Avoiding Criminal Punishment

2024.11.29박동일

The Seongnam criminal attorney defended a client who came forward stating that he had committed joint infliction of bodily injury. This is a case in which the client avoided criminal punishment through the defense of the Seongnam criminal attorney.

1. The Client's Situation

The client explained that he had committed joint infliction of bodily injury.

The client sought the assistance of the Seongnam criminal attorney in order to defend against criminal punishment.

The account the Seongnam criminal attorney reviewed in order to defend the client against criminal punishment was as follows.

The client explained that, on the day of the incident, he had a few drinks with a friend at a bar.

In the meantime, another customer came over to the client's table, picked a quarrel, and eventually shoved the client's face with a fist.

Angered by this, the client struck the customer several times with his fist, and in the course of this, the friend who was with the client pushed the customer down.

The client and the friend then assaulted the customer together without restraint.

As a result, the client and the friend jointly inflicted on the victim an injury requiring about two months of treatment, and the client was placed at risk of punishment for joint infliction of bodily injury.

2. The Charge Against the Seongnam Criminal Attorney's Client

The client explained that he was charged with joint infliction of bodily injury, and joint 🔗infliction of bodily injury refers to an offense committed when two or more persons jointly inflict bodily injury on a person.

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

① A person who inflicts bodily injury on the body of another shall be punished by imprisonment for not more than seven years, suspension of qualification for not more than ten years, or a fine not exceeding ten million won.

Infliction of bodily injury is punishable as above, and when committed jointly, the punishment is aggravated by up to one half.

▶Punishment of Violences Act, Article 2 (Assault, etc.)

② A person who, with two or more persons jointly, commits any of the following crimes shall have the punishment prescribed in the relevant provision of the Criminal Act aggravated by up to one half.

3. The crimes under Article 257 (1) (Bodily Injury) or (2) (Bodily Injury to a Lineal Ascendant), Article 276 (2) (Arrest and Confinement of a Lineal Ascendant), or Article 350 (Extortion) of the Criminal Act

3. The Defense Mounted by the Seongnam Criminal Attorney

The Seongnam criminal attorney mounted the following defense for the client.

Seongnam Criminal Attorney: "The Client Cooperated Actively With the Investigation"

The Seongnam criminal attorney emphasized that the client had cooperated actively with the investigation in this case.

The client acknowledged all of his wrongdoing in this offense and pledged never again to commit any crime.

The client showed sincere remorse, cooperated actively with the investigation in this case, and also submitted a letter of apology.

Seongnam Criminal Attorney: "The Client Made Efforts to Restore the Victim's Losses"

The Seongnam criminal attorney emphasized that the client had made efforts to restore the victim's losses.

The client attempted to reach a settlement in order to compensate for the victim's physical and emotional harm, but was refused.

The client therefore deposited a certain sum of money with the court in a criminal deposit, with a heart of apology, in an effort to restore the victim's losses.

Seongnam Criminal Attorney: "The Client Was Also Assaulted by the Victim"

The Seongnam criminal attorney emphasized that the client had also been assaulted by the victim.

Before committing this offense, the client came to commit it because the victim first struck the client's face with a fist.

While it was wrong for the client to assault the victim excessively and cause a serious injury, the attorney argued that the client had also been assaulted.

4. The Judgment Obtained by the Seongnam Criminal Attorney

The court, having heard the Seongnam criminal attorney, issued a suspended sentence for the client.

The client had been at risk of a sentence of imprisonment for joint infliction of bodily injury.

With the assistance of the Seongnam criminal attorney, the client escaped that risk and successfully avoided criminal punishment.

If you are in a situation, like the client in this case, where you face the risk of punishment for joint infliction of bodily injury, a sentence of imprisonment may be expected, so it is recommended to obtain a referral to an attorney and seek assistance as soon as possible.

🔗The Seongnam attorney responds whenever a client requests, so please request a consultation.

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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