Drunken Assault Case in Which the 'Aggravated Bodily Injury' Charge Was Found Not Guilty

Case Overview

This case arose from a drunken act of violence in front of a township office in the Chungnam region, followed by damage to a vehicle near the victim's residence, for which the defendant was indicted for bodily injury and aggravated destruction of property. The Prosecution alleged that the defendant had pushed the victim to the ground with his hands, causing injury, and then damaged the victim's car with a pitchfork near the victim's home. Because a dangerous object was allegedly used to damage the property, the aggravated form of the offense was charged, and the victim further alleged being struck on the head with a frying pan, giving rise to an additional charge of aggravated bodily injury.

Our Strategy

DAEON Law Firm focused on the fact that the core charge of 'aggravated bodily injury' lacked clear evidence as to the defendant's intent and whether an instrument was used. Defense counsel emphasized that the victim's statements were inconsistent and that even the police officers who responded to the scene had not confirmed the location or use of the instrument (a frying pan) that formed the key basis of the aggravated charge. We further undermined the credibility of the victim's account by highlighting that the statement of a third party present at the scene contradicted the victim's and that the circumstances in which the injury occurred were themselves unclear. In addition, we argued that the injury claimed by the victim rested solely on a concussion diagnosis with no external wounds and that, given the violent scuffle at the time, the direct cause of the injury could not be determined, reasoning that produced a not-guilty finding on that count. The defendant thereby avoided severe criminal punishment and was sentenced only to a fine.

Result · Fine

This is the result of an individual case and does not guarantee a similar outcome. Some facts have been generalized and personal information redacted to protect the client.

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Attorney in charge: Dongwoo Shin