Special injury crime according to experts... Difficult to resolve through simple agreement

Pursuant to Article 258-2, Paragraph 1 of the Criminal Act, the crime of special injury is committed when a person inflicts injury on another person by showing the force of a group or group of people or by carrying a dangerous object. Since this crime only provides for imprisonment without a fine, once the special injury charge is applied, efforts should be made to reduce the sentence as much as possible.

The sentence is also not easy. Pursuant to this law, if you hit and injure a person with a dangerous object, you will be punished by imprisonment for not less than 1 year but not more than 10 years. In addition, depending on the severity of the damage, a prison sentence of between 2 and 20 years is possible. In particular, unlike general assault, special injury is not a crime of impunity or pro-crime, so investigation and prosecution is possible even without a complaint from the other party.

If we explain the actual case we were responsible for, it is as follows. While defendant A was drinking with a work acquaintance, he overheard gossip about his family and committed violence. The problem is that Mr. A's actions did not stop at simple assault. At the time, Mr. A could not control his anger and swung a dangerous object nearby, which caused injuries to the victim's face and head.

After being sent to the prosecution, Mr. A was fortunately able to reach an amicable agreement with the victim. As the victim also did not submit a medical certificate, the case appeared to be nearing completion. Although special injuries were applied, an agreement was reached and, considering that it was a first offense, a deferred indictment or summary indictment was quite possible.

However, the prosecution's judgment was different. A formal trial was requested and a prison sentence was requested. Accordingly, the court was also in a situation where it could sentence a prison sentence. During the trial, the author emphasized that Mr. A confessed to all of his crimes and received forgiveness from the victim, that his family and friends were hoping for leniency, and that he may be fired from his job if he is sentenced to prison. As a result, I was able to safely receive a deferred sentence (a sentence that suspends the sentence and is exempted after a certain period of time).

As in the case above, criminal proceedings cannot be avoided for special injury crimes even if an agreement is reached with the victim. Therefore, one should not hastily judge that the case will be resolved through agreement alone.

Therefore, if you are accused of a special injury crime, you should try to lower the punishment as much as possible. However, this process requires a strategic approach and the assistance of experts such as special injury lawyers.

Attorney Choi Hyeon-deok of Daeryun Law Firm in Pyeongtaek said, "The first thing to check with an expert is whether the other party provided a cause. If the incident occurred due to the other party's continuous insults, verbal abuse, etc., you can resolve the situation to your advantage." He added, "You should also look at justifiable defense and excessive defense. If it is acknowledged that the other party's actions were intended to protect oneself due to preemptive assault, you can expect a reversal of the situation or a reduced sentence. Other reflections and family circumstances. “We can request a reduction in the level of punishment through explanations, petitions, etc.,” he said.

Reporter Jin Ga-young (lawissue) (news@lawissue.co.kr)

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Special injury crime according to experts... Difficult to resolve with simple agreement (Shortcut)