Gangnam Attorney | Settlement Handled for a Client Charged With Assault Against a Lineal Ascendant, Concluded With No Right to Prosecute

Frequent arguments with the wife over the issue of gifting stock

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When the wife loudly uttered abusive language, the client covered her mouth once with his hand out of concern that the children might hear

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The wife claims that she was slapped once on the cheek at this time

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On another day, with the mother-in-law and the client alone remaining in the house, he searched the house to find the registration certificate

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At this time the mother-in-law and the client had a serious argument

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Leaving behind the mother-in-law who was trying to stop the client's actions, he continued to search the house to find the registration certificate

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The mother-in-law called the wife and falsely claimed that she had been hit by the client

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Paramedics and police arrived and separated the client and the mother-in-law

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The mother-in-law claimed to the police that the client grabbed both of her arms and shook them hard

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A situation in which the client was wrongly booked on charges of assault against a lineal ascendant and assault

Issue

Details

Charge of assault against the wife

▷ It was not an intentional assault involving the exercise of force

▷ He placed his hand over the wife's mouth to temporarily stop her abusive language, but this was misunderstood as slapping her on the cheek

Charge of assault against the mother-in-law

▷ Apart from arguing loudly, there was no physical contact

Charge of emotional abuse of the children

▷ While he did throw the children's clothes in the process of searching for the registration certificate, this was not conduct directed at the children and amounted to nothing more than the house being in disarray

▷ At the time the children were in the living room, so there was no reason for them to feel an emotional threat

Objective elements

Subjective elements

1. A spouse (including a person in a marital relationship) or a former spouse

2. A person who is or was in a lineal ascendant or descendant relationship with oneself or one's spouse (including an adoptive parent-child relationship)

3. A person who is or was in a stepparent-child relationship or a stepmother-child relationship

4. A cohabiting relative

1. There must be conduct and intent corresponding to assault against a relative

2. This includes not only physical blows but all exercises of force

(Examples: throwing water, startling with noise, blowing cigarette smoke, and the like are also included)

3. There must be an intent to assault a lineal ascendant

4. If a person assaults a lineal ascendant while attempting to assault another, it is judged as ordinary assault

Ordinary assault

Imprisonment for not more than 2 years or a fine of not more than 5 million won, detention, or a minor fine

Assault against a relative

Imprisonment for not more than 5 years or a fine of not more than 7 million won

Offense

Sentence

Assault against a lineal ascendant resulting in death or injury

(where it results in death or injury)

(Injury) Imprisonment for not more than 10 years or a fine of not more than 15 million won

(Death) Life imprisonment or imprisonment for not less than 5 years

Where committed habitually

Aggravation by up to one-half of the prescribed sentence and suspension of qualifications for not more than 10 years