Changwon Attorney Recommendation | Helping the Client, an Assault Offender, Conclude With a Suspension of Sentencing

🔗Assault is an offense committed through the exercise of physical force against a person's body.

Assault may be recognized even without physical contact such as striking.

This is because simple assault is not limited to physically applying force to the body, and conduct that imposes a physical threat on the other party or restricts the freedom of the body is also viewed as assault.

Supreme Court precedents have recognized as assault such conduct as repeatedly uttering insults or abusive language several times, or approaching the victim and brandishing or throwing one's hands, feet, or objects as if to strike while cursing.

If assault is committed, a person may be punished by imprisonment for not more than two years, a fine not exceeding 5 million won, detention, or a minor fine.

∙Threatening with a vehicle, assault recognized

If the defendant repeatedly advanced his car little by little as if to hit the victim, who was standing in front of and blocking the car, although he did not actually hit the victim, this was held to constitute assault as an unlawful exercise of physical force against the victim.

∙A motion as if to strike, assault recognized

Approaching the victim and brandishing or throwing one's hands, feet, or objects as if to strike while cursing was held to amount to assault as an unlawful exercise of physical force against the victim, even without direct physical contact.

🔗A court ruling that assault in the military does not constitute a crime not punishable against the victim's will

The Changwon attorney argued that the client admitted the facts of the offense in this case and deeply showed remorse for having hurt the victim.

On the day of the incident, while heavily intoxicated, the client failed to contain a momentary anger and committed the offense in this case, which he should never have done.

The Changwon attorney emphasized that the client deeply acknowledged his wrongdoing and sincerely apologized to the victim.

The Changwon attorney argued that the injury the victim sustained from the assault was not severe.

The Changwon attorney submitted the store's CCTV footage and witness statements as evidence that the physical force of the assault was not significant.

The Changwon attorney emphasized that the degree of injury caused by the assault was minor and requested leniency.