Seongnam Criminal Attorney's Assistance | Helping an Assault Victim File a Criminal Complaint, Resulting in a Fine

Assault is a crime committed when harm is inflicted on the body of another.

Even where there is no direct physical contact, a person may be punished for assault if a clearly intentional form of force is established.

In addition, where assault has been committed habitually, the offender may be subject to aggravated punishment of up to one-half of the prescribed penalty.

However, because assault is a 'crime not punishable against the victim's will,' it is an offense that cannot be punished if the victim clearly expresses an intention not to seek punishment.

Accordingly, if the victim and the perpetrator reach a settlement, prosecution of the perpetrator does not proceed, and where a person has been charged with assault, whether a settlement has been reached is highly important.

The perpetrator was not intoxicated at the time of the assault and was in the middle of a rational conversation with the victim.

Although he was fully able to restrain his own violent conduct, he did not control it, and he did not stop the assault even though the victim offered no resistance.

The attorney emphasized that the perpetrator's assault was clearly intentional.

For more than a week after the assault and before the client filed the criminal complaint, the perpetrator had ample opportunity to apologize and show remorse, yet he instead disparaged the client among their acquaintances and showed a lack of remorse.

The attorney emphasized that the perpetrator's attitude showed no trace of remorse.

When filing a criminal complaint for assault, if the complaint is not pursued on a logical basis, there is a risk that the case may be closed at the investigation stage or deprioritized in favor of more significant or clear-cut cases, so the intent, purpose, and seriousness of the complaint or accusation must be clearly set out.

In addition, because the degree of punishment varies depending on whether a settlement has been reached, whether the perpetrator has a prior record, and whether the intent behind the assault is proven, it is important to obtain the help of a criminal attorney who can assist with a professional legal assessment.

Daeryun Law Firm has criminal attorneys with investigative experience, so please feel free at any time to arrange a consultation through 🔗a legal consultation booking.