Namyangju Attorney Office Assistance | Helping a Client and Securing a Custodial Sentence for the Assailant Who Inflicted Serious Bodily Injury

The client gathered with friends he had been close to since high school and drank together.

While drinking, the client went with his friends to a public restroom to smoke.

In the restroom, the client and his friends talked about mixed martial arts techniques and played around, lightly demonstrating them.

The assailant then said, “That is not how you do it,” and demonstrated a martial arts technique on the client.

As a result, the client hit his head on the restroom floor and was taken to the emergency room.

Upon waking, the client found he had lost his sense of smell. Having suffered serious bodily injury, the client requested representation in filing a complaint from the Namyangju attorney office in order to file a complaint against the assailant.

The attorney at the Namyangju attorney office explained the 🔗crime of assault / crime of bodily injury.

※ Article 257 of the Criminal Act (Bodily Injury, Bodily Injury to Lineal Ascendant)
(1) A person who inflicts bodily injury on another is punishable by imprisonment for not more than seven years, suspension of qualifications for not more than ten years, or a fine not exceeding ten million won.

※ Article 258 of the Criminal Act (Serious Bodily Injury, Serious Bodily Injury to Lineal Ascendant)
(1) A person who inflicts bodily injury on another and causes danger to life is punishable by imprisonment for not less than one year and not more than ten years.
(2) The same punishment as in the preceding paragraph applies to a person who, by inflicting bodily injury, causes another to suffer a disability or an incurable or hard-to-cure disease.

■ The difference between the crime of bodily injury and the crime of serious bodily injury

If a person intentionally injures another's body, the crime of bodily injury or the crime of serious bodily injury may be committed.

The two appear similar, but there is a difference.

The crime of bodily injury is committed when the victim's bodily function is impaired as a result of the assailant's assault.

The crime of serious bodily injury is committed when a person injures another's body and causes danger to life, causes a disability, or causes an incurable or hard-to-cure disease.

In other words, the crime of serious bodily injury differs in that, while its other requirements are similar to those of the crime of bodily injury, it is committed when a serious injury is inflicted that endangers the victim's life.

*If you wish to review the details, we recommend obtaining a 🔗legal consultation with an attorney.

The client explained that he was experiencing great difficulty in daily life due to the loss of his sense of smell.

The Namyangju attorney argued that, even though the client was suffering greatly because of the criminal conduct, the assailant showed no sign of remorse.

Having seen the assailant's insincere attitude, the client wishes for severe punishment to be imposed.

The attorney at the Namyangju attorney office accordingly argued that the assailant should be severely punished so that he would not repeat the same offense again.

The client requested representation in filing a complaint from the Namyangju attorney in order to pursue a criminal complaint against the assailant.

As a result, the assailant received a custodial sentence.

At the Namyangju attorney office, specialists in fields such as criminal and civil law form a team to assist clients.

Attorneys jointly review the case to provide an overall legal solution.

If you wish to file a complaint, you are welcome to request assistance from a 🔗Namyangju attorney at any time.