Assault Complaint | Handling the Settlement for Special Intimidation and Assault Charges, Concluded With Suspension of Indictment and Others

After hearing the client's account, the attorney at Daeryun Law Firm organized the overall flow of the assault and intimidation case.

In this way, in an assault and intimidation case that arose impulsively, whether a settlement with the victim is reached is one of the most important issues.

In particular, because assault is a crime not punishable against the victim's will and cannot be punished if the victim expresses an intention not to wish for punishment, while special intimidation can be punished as a matter of law even if a settlement is reached, obtaining the assistance of an attorney is crucial.

In this way, because an amicable settlement is difficult and it is hard to properly argue the reasoning for a reduction of sentence without the involvement of an attorney, the response at the early stage of the case is more important than anything.

You may resolve your case through the 🔗legal consultation booking.

This case involved a total of four issues.

Under Article 284 of the Criminal Act, where a person makes a threat using a dangerous object, special (aggravated) intimidation is established.

Unlike simple intimidation, it is not a crime not punishable against the victim's will, and 🔗intimidation complaint in such cases, to avoid punishment, one must sufficiently persuade as to the sentencing factors.

▶ Level of punishment

🔗Assault is established where a person exercises physical force capable of causing bodily pain, even if no bodily injury results.

▶ Level of punishment

The client, whose emotions ran high during a sudden conflict situation, temporarily came to commit assault and intimidation.

In particular, it was explained that this case was a sudden incident that occurred when the victim picked a quarrel with the client's wife and sexually molested her, and the client, enraged by this, could not contain his emotions.

Through sincere dialogue with the victim, the attorney proposed the client's apology and appropriate compensation for the loss, reaching an amicable settlement.

Ultimately, the victim accepted the client's expression of remorse and stated the intention not to wish punishment.

As a result, the rule that a crime is not punishable against the victim's will applied, and the case proceeded in a positive direction.

In the case of special intimidation, reaching a settlement with the victim acts as a sentencing factor, so there is a high possibility of receiving a suspension of indictment.