Legal Q&A
Q
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I tend to black out when I drink. I remember bits and pieces. My friends got into an argument with the people at the next table, and at first it was just a verbal fight, but I ended up hitting one of the people at the next table with a soju bottle, and I am told the injury required about two weeks of recovery. The victim has filed a criminal complaint against me for special (aggravated) bodily injury, and I am scared about whether I will be punished for special (aggravated) bodily injury.
Punishment for special (aggravated) bodily injury
Answer
Published:
Author : DongIl PARK
Hello. This is Daeryun Law LLC.
If you fail to control a momentary emotion and commit an assault against another person, you are liable to be punished for special (aggravated) bodily injury.
If you make one-sided assertions driven by emotion and without knowledge of the legal principles, the sentence may, on the contrary, only become heavier.
In the case of special (aggravated) bodily injury involving the brandishing of a soju bottle, as in your situation, it is an offense that applies when a person commits the infliction of bodily injury while displaying the power of a group or a multitude, or while carrying a dangerous object, and when the charge of special (aggravated) bodily injury is recognized, the person is subject to imprisonment with labor for not less than one year and up to 10 years.
In addition, unlike the offense of assault, even if you reach a settlement, it may be difficult to avoid criminal liability. However, because the fact of a settlement itself is considered as a sentencing factor, we encourage you to be sure to reach a settlement.
In addition, because the possibility of receiving leniency increases only when you respond on the basis of legal grounds together with defense counsel rather than on your own, you should request help from defense counsel who is well acquainted with the characteristics of criminal cases.
At Daeryun, as soon as a criminal case is booked, we operate a mock interrogation room that resembles the real one, and we provide assistance such as police investigation simulations and support with various hearing dates and service of documents, so that you are not shaken by coercive investigative questioning.
Because special (aggravated) bodily injury carries no option of a criminal fine, the likelihood of an actual custodial sentence being pronounced increases, so it is important to respond promptly, and it is advisable to seek assistance in a timely manner before the critical window passes and to bring the case to a conclusion with a result of non-referral or non-prosecution.
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DongIl PARK
T. 070-5221-3616
Attorney Qualified as a Foreign Legal Consultant in Singapore · International Litigation/School Violence/Evidence Investigation Law Attorney
JungKyu Park
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Experience as Head of the Chungju Branch of the Cheongju District Court (Criminal Panel) · Construction/Drunk-Driving Traffic/Civil/Medical Law Attorney
YoungHeum KIM
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Experience as a division chief prosecutor [corporate litigation] at the Seoul Western District Prosecutors' Office · Attorney specializing in criminal law, sex crimes, and military criminal law
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