Incheon Law Office | Non-Prosecution Disposition for a Special Assault Client With the Assistance of the Incheon Law Office

The client was charged with the special assault of a spouse.

After having dinner at home with the spouse and children, the client asked the spouse to do the dishes.

Although the client asked three times, the spouse did not do the dishes.

A dispute then arose between the two, and during the process a soju bottle fell and fragments scattered.

The spouse stated that the client had thrown the soju bottle at the spouse and filed a complaint for special assault.

In the end, facing special assault charges, the client requested assistance from an attorney at the Incheon office to defend against punishment.

The Incheon Law Office explained the 🔗Crime of Assault / Crime of Infliction of Bodily Injury.

Special assault refers to

an offense committed when a person inflicts violence on another's body by displaying the collective force of a group or a crowd, or while carrying a dangerous object.

▷Special Assault (Article 261 of the Criminal Act)
A person who commits the offense under Article 260 (1) or (2) by displaying the collective force of a group or a crowd, or while carrying a dangerous object, is punished by imprisonment for not more than 5 years or by a fine of not more than 10 million won.

In the case of special assault, unlike simple assault, it is not a crime not punishable against the victim's will, so even if a settlement is reached with the victim, criminal punishment cannot be avoided once the prosecution files an indictment.

*If you would like to have your individual circumstances reviewed more closely, it is recommended to obtain a 🔗legal consultation with an attorney.

The victim stated that the client had assaulted the victim while carrying a dangerous object, a soju bottle.

The attorney at the Incheon office noted that the victim, not having accurately grasped the facts during the marital argument, had given a statement that differed from the facts.

The client emphasized that the client had never thrown a soju bottle during the dispute with the victim, and that the soju bottle had fallen and broken.

On this basis, the attorney argued that the special assault charge against the client was not committed.

The client and the victim had already reconciled through conversation.

During the witness examination, the victim stated that the victim had never seen the client throw a soju bottle at the victim.

The attorney at the Incheon office argued that the victim had reconciled with the client and was expressing a wish not to punish the client.

The client was at risk of punishment after being charged by a spouse with special assault.

With the assistance of an Incheon attorney, the client was able to receive a non-prosecution decision on the special assault charge.

Unlike ordinary assault, special assault is not a crime not punishable against the victim's will, so even if a settlement is reached with the victim, punishment may follow if an indictment is filed.

For this reason, reviewing the situation together with an attorney from the early stage of being charged is recommended.

Incheon attorneys assist clients by collaborating with experts in each field, including criminal, civil, and family matters.

If you become involved in a special assault charge, please feel free to request assistance from an 🔗Incheon attorney at any time.