Assault Complaint | Handling the Settlement for a Client Charged with Assault, Resulting in Non-Prosecution

The client said that they wished to graduate from school without incident and prepare for employment, and that they wanted to conclude the case at the prosecution stage as much as possible.

The client said that they had attempted a settlement with the victim but had been refused, and requested assistance with handling the settlement and defending against punishment.

Article 260(1) of the Criminal Act provides that a person who commits assault against the body of another shall be punished by imprisonment for not more than 2 years, a fine of not more than 5 million won, detention, or a minor fine.

Here, ‘🔗assault’ means the exercise of physical force against the body of a person.

Not only acts of striking with the hands or feet but also pushing, grabbing by the collar, pulling at clothing, and attempting to hit someone by throwing an object may constitute assault.

For assault to be established, the following elements must be satisfied.

Assault is a crime not punishable against the victim’s will, so if the victim expresses the intention not to seek punishment, the prosecution is withdrawn and punishment can be avoided.

If bodily injury results from the act of assault, the charge of 🔗infliction of bodily injury applies rather than assault, and in that case it is no longer a crime not punishable against the victim’s will, so caution is required.

The following are answers to questions that actual suspects in assault cases frequently ask during consultation with an attorney.

Q1. Could I really go to prison?
→ The statutory penalty for assault is imprisonment for not more than 2 years or a fine not exceeding 5 million won, but where it is a first offense and grounds for mitigation apply, the matter often concludes with a fine or a suspended sentence.

In cases of habitual assault, joint assault, or repeat offenses, however, an actual custodial sentence may be imposed, so the matter should not be approached complacently.

Q2. If I reach a settlement with the victim, is the case over?
→ Yes. Assault is a “crime not punishable against the victim's will,” so if the victim expresses an intention not to seek punishment, the prosecution cannot indict.

Whether a settlement is reached can therefore determine the outcome of the case.

Q3. Does even a fine result in a criminal record?
→ Yes. A fine also constitutes criminal punishment, so a criminal record remains.

If the prosecution issues a suspension of indictment, however, no criminal record remains, which is why the response at the early investigation stage is very important.

Q4. Once the criminal case is over, will I no longer have to worry about the assault?
→ No. The victim may separately bring a civil claim for damages.

Medical expenses, consolation money, and mental harm may be at issue, so when reaching a criminal settlement it is safer to resolve civil liability together at the same time.

Q5. If I tell the police everything truthfully during the investigation, can I avoid punishment?
→ It is best to tell the truth, but unnecessary remarks may become unfavorable evidence.

At the investigation stage, therefore, it is advisable to state only the essential points in the presence of an attorney.

Q6. Will this case affect my studies or employment?
→ For a university student, a job seeker, or a candidate for a public official examination, a criminal record may operate as a disadvantage. It is therefore important to develop a response strategy aimed at a suspension of indictment or non-prosecution.

Q7. It seems the victim is exaggerating beyond the facts. What should I do?
→ This is something that frequently arises in actual cases.

In such a situation, the account must be rebutted through objective materials such as statements of nearby witnesses, CCTV footage, and mobile phone recordings.

The criminal law attorney submitted a defense opinion containing the following, requesting that a non-prosecution disposition be rendered for the client.

The criminal law specialist attorney, in cooperation with a civil law specialist attorney, undertook to handle a settlement on the client's behalf with the victim who had filed a complaint against the client.

The attorney reviewed the complaint and the contents of the victim's statement to grasp the circumstances and issues of the case, and then, instead of contacting the victim's side directly, began the dialogue through consultation with the victim's attorney.

The attorney clearly conveyed the client's intention to apologize and sense of remorse to the victim's side and presented a specific settlement proposal that included treatment costs and consolation money.

After several rounds of adjustment, the victim accepted the conditions, and a statement of no desire for punishment was obtained and submitted to the investigative authority.