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Criminal · School Violence · Damages
'Please Hand Me the Bag'—An Assault Charge Over a Single Gesture? Acquitted in the End
1. Case Overview
This case placed a laundromat owner, who was retrieving a members-only bag, in the unjust position of a criminal suspect. The defendant merely reached out his hand while saying, 'Please hand me the bag,' but the other party accused him of Assault, claiming there had been physical contact. Immediately after the complaint, the matter went beyond a mere grievance and proceeded to criminal proceedings, and the defendant, unable to hide his bewilderment, came to me.
2. DAEON's Strategy
Through analysis of the CCTV footage, I explained to the court in detail that the defendant's hand never even touched the victim's body and that the victim's reaction was far from that of an assault. I emphasized that the defendant's motion was simply pointing at an object and could hardly be regarded as coercion or the exercise of physical force. On the basis of these arguments and the video evidence, the court found that the defendant's conduct did not meet the elements of Assault and acquitted him. No one should become a wrongfully accused defendant over a single word or hand gesture. I fight against the risk of wrongful accusations and fight to the end for those who have been wronged.
3. Result - Acquittal
Shin Dong-woo
Kwak Dong-jun