[Special Bodily Injury Attorney Suspended Sentence Case] Special Bodily Injury Attorney Obtains a Suspended Sentence

The situation of the client who came to the special bodily injury attorney was as follows.

The client had previously committed a crime and received a suspended sentence, so he was in a suspended sentence period during which he had to be careful to avoid reoffending.

While drinking with his party at a bar, the client got into an argument over a misunderstanding with the table next to him, swung a bottle, and injured the other person.

He came to be investigated by the police on the charge of special bodily injury, and needed the help of a special bodily injury attorney.

Because the client was in the middle of a suspended sentence period from a prior crime, only after that suspended sentence period ran out could he receive a suspended sentence again in this case.

To avoid an actual custodial sentence, he came for the assistance of Daeryun's special bodily injury attorney, who has extensive experience in criminal cases.

• Criminal Act Article 63 (Invalidation of Suspended Sentence)

If a person who has been granted a suspended sentence is sentenced to an actual term of imprisonment without labor or heavier for a crime intentionally committed during the period of suspension, and that judgment becomes final, the suspended sentence loses its effect.

• Criminal Act Article 258-2 (Special Bodily Injury)

A person who commits the crime of bodily injury by displaying the power of a group or a crowd, or by carrying a dangerous object, shall be punished by imprisonment for at least 1 year and up to 10 years.

Because the prior crime's suspended sentence would also be invalidated if an actual prison term of at least 1 year were imposed for the special bodily injury offense in this case,

only by running out the suspended sentence period of the prior crime, with the attorney's assistance, and at the same time obtaining a suspended sentence for the special bodily injury could the client avoid an actual custodial sentence.

The special bodily injury attorney argued that, although the client said he could barely remember the events during the investigation by the authorities because he was intoxicated, after reviewing the CCTV footage he acknowledged that he had certainly committed this wrongdoing and showed an attitude of deep remorse.

Counsel argued that the client had also handwritten several letters of reflection and submitted them to the court.

The special bodily injury attorney argued that the client had visited the victims, apologized, paid damages, and proceeded with a settlement. The victims thereupon forgave the client and prepared statements of no desire for punishment.

In order to argue this as a mitigating sentencing factor, counsel submitted those statements of no desire for punishment to the court as supporting documents.

Counsel argued that this was an impulsive offense by the client while intoxicated. The situation arose because he happened to get into an argument with the victims' table and mistakenly believed that they were mocking him,

and counsel argued that the bottle he swung was not used for the inherent purpose of a weapon, and appealed that he acted without proper judgment because he was intoxicated.

The special bodily injury attorney argued that the client had parents to support and a child with a disability, and was the head of household responsible for the family's livelihood.

Counsel appealed that the client had done odd jobs for a long time and had struggled to raise his children in difficult circumstances.

Counsel strongly emphasized that if the client were sentenced to an actual custodial sentence, the family's livelihood would be at risk.

Although the client became involved in a crime again and was investigated at a time when he had to be careful to avoid reoffending, he promptly sought a response from a special bodily injury attorney with extensive experience in criminal cases.

Through the case assistance of Daeryun's criminal case team, he ultimately avoided an actual custodial sentence. Because an attorney who accurately understands the methods and flow of investigation and trial handles the case directly, significant help can be obtained.

If you find yourself in a difficult situation and wish to receive the help of a criminal attorney, you may visit Daeryun Law Firm and consult with a criminal attorney.