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Assault
AssaultSuspension of Sentencing

Tongyeong Criminal Attorney | Client Facing Assault Charge Concludes Case With a Suspension of Sentencing

A Tongyeong criminal attorney represented a client who sought a criminal attorney after being accused of assault. With the attorney's representation, the client's case concluded with a suspension of sentencing.

1. The Client Who Sought a Tongyeong Criminal Attorney

The client requested assistance, explaining that he was accused of assault.

The account that the attorney reviewed was as follows.

The client explained that an argument with a friend led to a misunderstanding, and their voices grew louder.

The argument escalated into a physical altercation, and the client, unable to control his anger, struck the victim about the face and shoulder roughly 20 times, committing assault.

The client's friend then reported the client for assault, which is how this case arose.

2. The Charge Against the Client

Tongyeong Criminal Attorney

The client had been the subject of a criminal complaint for assault and faced the risk of criminal punishment.

🔗Assault is committed when a person inflicts violence upon the body of another.

If the charge of assault is established, the offender may be punished under the Criminal Act by imprisonment of up to two years, a fine of up to 5 million won, detention, or a minor fine.

Criminal Act Article 260 (Assault, Assault Against a Lineal Ascendant) (1) A person who inflicts violence upon the body of another shall be punished by imprisonment of up to two years, a fine of up to 5 million won, detention, or a minor fine.

If the assault causes bodily injury to a person, the offense of infliction of bodily injury may apply and result in punishment.

Criminal Act Article 257 (Bodily Injury, Bodily Injury Against a Lineal Ascendant) (1) A person who inflicts bodily injury upon the body of another shall be punished by imprisonment of up to seven years, suspension of qualifications for up to ten years, or a fine of up to 10 million won.

Tongyeong Criminal Attorney FAQ

Attorney, what are detention and a minor fine?

Attorney: Detention confines the offender in a correctional facility and deprives them of liberty, for a short period set at not less than one day and less than 30 days. A minor fine compulsorily imposes a fixed sum of money, set at not less than 2,000 won and less than 50,000 won.


Attorney, in what cases are detention or a minor fine imposed?

Attorney: Detention or a minor fine is a statutory penalty imposed mainly for minor offenses, and it does not leave a criminal record.

3. The Attorney's Defense for the Client

The attorney presented the defense for the client as follows.

Tongyeong Criminal Attorney: “The Client Is Sincerely Remorseful”

The attorney emphasized that the client was sincerely remorseful.

The client acknowledged the offense in full and has been spending time reflecting deeply on his wrongdoing with genuine remorse.

The client has firmly resolved never to use violence against another person again.

Tongyeong Criminal Attorney: “The Client Is a First-Time Offender With No Criminal History”

The attorney emphasized that the client was a first-time offender with no criminal history.

The client is a first-time offender who had received no criminal punishment of any kind before this case.

The attorney requested leniency on this occasion, taking into account that the client was new to society and a first-time offender.

4. The Judgment for the Client

After hearing the attorney's arguments, the court issued a judgment of suspension of sentencing for the client.

A suspension of sentencing is a judgment in which guilt is recognized but the imposition of the sentence is suspended, and if no further problems arise for two years, the sentence itself is set aside.

In this case, the client had faced the likely prospect of an actual custodial sentence for assault, but because the attorney prepared a strategy and responded accordingly, the client was able to receive a suspension of sentencing.

If you face the risk of criminal punishment on a charge such as assault, you may obtain a 🔗attorney referral and begin your response.

통영형사사건변호사 | 폭행 혐의 의뢰인, 선고유예로 사건 마무리

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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