Are there any points to be careful about when drafting an assault settlement agreement?

An assault settlement agreement is not a mere document; it becomes key evidence by which the investigative authorities or the court judge the fact of settlement.

If it is written incorrectly, the validity of the settlement may be denied, or the dispute may even expand, so accurate content composition and format are important.

An assault settlement agreement must include the following content.

1. The personal details of the perpetrator and the victim (name, date of birth, address)

2. The amount of the settlement money and the payment date

3. A brief account of the circumstances of the assault incident

4. The victim's expression of intent that they 'do not wish for punishment'

5. Handwritten signatures or seals of both parties, with a certificate of seal impression attached

What is especially important is to clearly state the 'intent not to seek punishment.'

This is because, in the case of simple assault, it becomes a ground for 'no right to public prosecution,' which can avoid criminal punishment itself.

Another point to note is to clearly agree on the timing and method of paying the settlement money. It is advisable to indicate this as 'full payment of the settlement money completed on the date the agreement is written' or 'scheduled to be paid by the 00th,' and the like.

An assault settlement agreement is sometimes drafted only between the parties, but drafting it through an attorney specializing in criminal law or even having it notarized helps prevent future legal disputes.

Simply drafting the assault settlement agreement well can change the level of punishment, and even in cases such as special assault or joint assault, the possibility of non-prosecution or leniency can increase.

We recommend that you proceed by obtaining advice from an attorney specializing in criminal law soon.