Deals & Cases
[Special (Aggravated) Assault Attorney Support Case] Special (Aggravated) Assault Client Obtains a Reduced Disposition Through the Attorney's Support
The client who came to the special (aggravated) assault attorney faced the risk of punishment on a charge of special (aggravated) assault for striking a female student on the head with the bag the client was carrying.
1. The Client Who Requested a Defense Against Punishment from the Special (Aggravated) Assault Attorney
The client in this case came to the special (aggravated) assault attorney to mount a defense against punishment after assaulting the victim, a student at the same school, by hitting the victim's head with a bag.
How the Client Came to the Special (Aggravated) Assault Attorney
The client who came to the special (aggravated) assault attorney had previously been in a relationship with the victim.
After the breakup, the client learned that the victim had been speaking ill of the client, and the client held a lit cigarette up to the victim's face and struck the victim's head several times with the bag the client was carrying.
Facing the risk of criminal punishment, the client came to Daeryun Law Firm's special (aggravated) assault attorney to mount a defense against punishment.
The Penalty for Special (Aggravated) Assault and the Statutes on Dispositions for Juvenile Offenders
- Special (aggravated) assault
A person who commits the offense under Article 260 (1) or (2) by displaying the collective or aggregate power of a group or by carrying a dangerous object shall be punished by imprisonment for not more than five years or a fine not exceeding ten million won.
- Criminal Act Article 261
- Disposition of juvenile offenders (ages 14 to under 19)
Juvenile offender: a juvenile aged 14 or older but under 19 who has committed an offense in violation of penal statutes
Disposition: both a protective disposition and a criminal disposition are possible
Record: no criminal record if a protective disposition is imposed (×); a criminal record if a criminal disposition is imposed (○)
- Decision on a protective disposition
If a juvenile division judge finds, based on the results of the hearing, that a protective disposition is necessary, the judge shall by decision impose one of the dispositions falling under any of the following items.
- Juvenile Act Article 32
1. Entrustment to protective custody of a guardian or a person who can protect the juvenile in place of a guardian
2. Order to attend a course
3. Order to perform community service
4. Short-term probation under a probation officer
5. Long-term probation under a probation officer
6. Entrustment to protective custody at a child welfare facility under the Child Welfare Act or another juvenile protection facility
7. Entrustment to a hospital, a sanatorium, or a medical rehabilitation juvenile reformatory under the Act on the Treatment of Protected Juveniles
8. Referral to a juvenile reformatory for not more than one month
9. Referral to a juvenile reformatory for a short term
10. Referral to a juvenile reformatory for a long term
2. The Special (Aggravated) Assault Attorney's Support
Daeryun Law Firm's special (aggravated) assault attorney argued grounds for mitigation in order to mount a defense against punishment.
Special (Aggravated) Assault Attorney Argues That the Juvenile Offender Was a First-Time Offender
The juvenile offender had no criminal record of any kind.
The attorney argued that, until this incident, the juvenile had been a well-behaved student who attended school diligently.
Special (Aggravated) Assault Attorney Argues That the Offense Was Impulsive
Upon hearing the insulting remarks directed at the juvenile, the juvenile offender failed to control a momentary surge of anger and committed the offense impulsively.
The attorney also argued that, although the juvenile brought the lit cigarette close, there was no contact, and the degree of assault was relatively minor.
Special (Aggravated) Assault Attorney Argues That the Juvenile Offender Was Remorseful About the Offense
The juvenile offender deeply regretted and felt remorse for having committed the assault.
The attorney argued that the juvenile had offered a sincere apology to the victim and had decided to transfer to another school.
3. Result of the Special (Aggravated) Assault Attorney's Support: 'Entrustment to Protective Custody'
The court entrusted the juvenile offender to the protective custody of a guardian and issued an order to attend a 20-hour course. Through the support of Daeryun Law Firm's special (aggravated) assault attorney, the client was able to avoid the risk of criminal punishment.
If You Face the Risk of Punishment for Special (Aggravated) Assault
The client in the case above faced the risk of criminal punishment on a charge of special (aggravated) assault for assaulting the victim with a bag.
However, through the support of Daeryun's special (aggravated) assault attorney, the defense against punishment succeeded, and the matter was concluded with a protective disposition.
Because criminal punishment leaves a criminal record, the support of an experienced attorney can be important in mounting a defense against it.
If you need assistance in a situation similar to the case above, you may entrust your case to Daeryun Law Firm's special (aggravated) assault attorney.
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This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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