Assault Complaint | Assault Complaint Filed but a Small Fine Imposed; What Are the Sentencing Guidelines for Assault?

2024.12.11박동일

This is the account of a client who had an assault complaint filed against them. The client was criminally charged with assault, and the attorney assisted with the client's case and succeeded in obtaining a small fine.

1. The Client Against Whom an Assault Complaint Was Filed

This is the account of a client who sought an attorney's assistance, saying that an assault complaint had been filed against them.

The client had a wife with whom they had registered the marriage, and the three of them, the client, the wife, and the wife's friend, came to drink together.

In the course of this, an argument broke out between the wife and the wife's friend. Voices were raised, and they eventually even grabbed each other by the hair.

The client tried to pull the wife and the wife's friend apart but was unable to do so, and the client, who had been drinking and had become angry, struck the wife's friend in a fit of temper.

The client struck the wife's friend on the head and forehead, causing injury.

Accordingly, the wife's friend filed a criminal complaint against the client for assault, which is how this case arose.

2. The Client Against Whom an Assault Complaint Was Filed: What Is Assault?

We have reviewed the account of the client against whom an assault complaint was filed. 🔗Assault, as the term suggests, refers to the crime of applying physical force against a person's body.

If assault is recognized, the following level of punishment applies under the Criminal Act.

Article 260 (Assault, Assault Against a Lineal Ascendant) ① A person who applies physical force against the body of another may be punished by imprisonment for not more than two years, a fine not exceeding five million won, detention, or a minor fine.

The Client Against Whom an Assault Complaint Was Filed: What Are the Sentencing Guidelines for Assault?

The client against whom the assault complaint was filed faced punishment by imprisonment for not more than two years, a fine not exceeding five million won, detention, or a minor fine.

According to the Sentencing Commission, the following sentencing guidelines apply in the case of assault.

Mitigated	Basic	Aggravated
Imprisonment for not more than 8 months	Imprisonment for 2 to 10 months	Imprisonment for 4 months to 1 year and 6 months

The mitigating and aggravating factors are also set out, and they are as follows.

▶Mitigating Factors

If the assault was committed with conditional intent

If the degree of assault is minor

If there are circumstances particularly worthy of consideration regarding participation in the offense

If the victim also bears substantial responsibility for the occurrence of the offense or the expansion of the harm

If genuine remorse is shown

If there is no history of criminal punishment

If substantial recovery of the harm has been completed

▶Aggravating Factors

If the victim is a lineal ascendant

If the driver of a moving vehicle was assaulted

If the method of the offense is cruel

If two or more persons jointly committed the offense

If there is a prior conviction of the same kind with an actual sentence served less than 10 years ago

If the harm was caused during an attempt to settle

3. The Client Against Whom an Assault Complaint Was Filed: The Attorney's Assistance

For the client against whom the assault complaint was filed, the attorney assisted with the case as follows, citing the mitigating factors reviewed above.

Emphasized that the client was deeply remorseful for their wrongdoing

Emphasized that the client had no history of criminal punishment

Emphasized that the client's offense was spontaneous

Emphasized that the degree of harm to the victim was not great

Emphasized that the client was doing their utmost to remedy the harm to the victim

4. The Client Against Whom an Assault Complaint Was Filed: The Result of the Attorney's Assistance

As a result of the attorney's assistance for the client against whom the assault complaint was filed, the client was sentenced to a small fine of one million won.

Although the client could have faced a sentence of eight months' imprisonment even with mitigation, the attorney's assistance made it possible to conclude the case with a small fine despite the assault complaint.

If, like the client in this case, you have had an assault complaint filed against you and face the risk of a sentence of imprisonment, we recommend obtaining a 🔗attorney referral and proceeding with a consultation.

An attorney with extensive experience in resolving assault cases will assist in defending against a sentence of imprisonment.

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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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