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Gwanggyo Criminal Attorney | Client Who Committed Assault Receives a Small Fine

The Gwanggyo criminal attorney defended a client who came forward saying he had committed assault. This is a case in which, with the attorney's assistance, the client received a small fine for the charge.

1. Gwanggyo Criminal Attorney: The Client's Alleged Conduct

The client sought the attorney's assistance, saying he had committed assault.

The client was working as a security guard at an apartment complex, and on the day of the incident there was a managers' meeting.

At the managers' meeting, the client had always had disagreements with A, a security guard in charge of another building.

On the day of the incident, the client got into an argument over a difference of opinion about an elevator installation.

Feeling upset, the client grabbed A by the collar in anger, shoved him, and got into a physical scuffle.

Seeing A fall to the ground, the client grabbed A's ankle and pulled it, committing assault.

A then filed a criminal complaint against the client for assault, and the client, facing this charge, sought a Gwanggyo attorney.

2. Gwanggyo Criminal Attorney: The Client's Anticipated Punishment

Gwanggyo Criminal Attorney

Having committed assault, the client was at risk of receiving the following punishment under the Criminal Act.

Criminal Act Article 260 (Assault, Assault on a Lineal Ascendant) (1) A person who commits assault against the body of another shall be punished by imprisonment for not more than two years, a fine not exceeding 5 million won, detention, or a minor fine.

The Difference Between Assault and Infliction of Bodily Injury

The client's charge was 🔗assault, and many people wonder how it differs from infliction of bodily injury.

First, assault refers to a crime of assaulting a person with the intent to assault.

Infliction of bodily injury refers to a crime of injuring a person with the intent to inflict injury, that is, the intent to cause bodily harm to another.

In other words, assault does not necessarily require an injury and refers to the unlawful exercise of physical force, while infliction of bodily injury refers to causing an injury that requires medical treatment.

Finally, assault is a crime not punishable against the victim's will, meaning the offender cannot be punished if the victim does not wish for punishment, whereas infliction of bodily injury is punishable even if the victim does not wish for punishment.

3. The Gwanggyo Criminal Attorney's Strategy

The Gwanggyo criminal attorney assisted with the case for the client as follows.

Emphasizing That the Client's Conduct Was Self-Defense

The Gwanggyo criminal attorney emphasized that the client's conduct in this case was self-defense.

The victim claimed that the client grabbed his collar and shoved him first, but according to the CCTV footage at the scene, the victim first pointed his finger at the client and provoked the dispute.

In the process, the victim fell on his own and then kicked the client, causing the client injury.

The client grabbed the victim's ankle to stop the kicking and assaulted the victim in self-defense.

Emphasizing That the Client Suffered an Injury Requiring 12 Weeks of Treatment

The Gwanggyo criminal attorney emphasized that the client suffered an injury requiring 12 weeks of treatment as a result of this incident.

While the victim had a minor injury that did not even require inpatient treatment, the client suffered an injury requiring approximately 12 weeks of treatment.

Even in this situation, the victim claimed to have been assaulted and went so far as to file a complaint against the client for assault.

4. Result of the Gwanggyo Criminal Attorney's Assistance: "A Minor Fine"

After hearing the Gwanggyo criminal attorney's argument, the court imposed a small fine of 500,000 won in the client's case.

The client in this case had been charged with assault and was at risk of receiving an actual custodial sentence, but the client not only avoided a custodial sentence but also received only a very small fine.

If you, like the client in this case, are facing a criminal charge and at risk of an actual custodial sentence, a prompt response is needed.

🔗attorney If you receive a referral to an attorney, we will promptly review and analyze the case and prepare a response strategy that may lead to a favorable result.

If you need help, please request assistance from a Gwanggyo attorney right away.

광교형사변호사 | 폭행죄 저지른 의뢰인, 소액의 벌금형 선고

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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