Case Type: Violation of the Act on Punishment of Violence, etc.

Result: All Three Defendants Found Guilty of Joint Bodily Injury under the Violence Act

Case Details:

1. Case Overview and Initial Investigation Issues

The client suffered injuries requiring three weeks of medical treatment after being unilaterally assaulted by three individuals outside a bar late at night. Two of the perpetrators held the client's arms to prevent any resistance, while the third struck the client's jaw, eyes, sternum, and lumbar region from behind. Despite the nature of the crime, the initially assigned investigator biasedly concluded the case as a 1-on-1 mutual assault and unlawfully dismissed the complaint filed under the Act on Punishment of Violence, etc. (the Violence Act).

2. Defense Counsel's Legal Strategies

First, a formal request for investigator disqualification was filed through the Inspector General's Office, successfully replacing the investigator to ensure a fair and unbiased process. Second, a precise legal framework for joint bodily injury was established. By citing lower court precedents, the defense demonstrated that even if only one person delivers the physical blows, all participants are liable as co-principals under the Violence Act if there is synchronicity, a common purpose, a shared opportunity, and mutual recognition of the crime. Third, an information disclosure request was made for the 112 emergency response report, capturing internal police records that explicitly identified the suspects as accomplices. Fourth, third-party eyewitness statements were secured to objectively verify that the two suspects held the client's arms to incapacitate them.

3. Case Outcome and Significance

Through meticulous evidence gathering and sophisticated legal arguments, the case—which was on the verge of being buried as a simple mutual altercation—resulted in all three suspects being indicted for Joint Bodily Injury under the Violence Act. Since the severity of punishment varies greatly depending on the number of participants, this reversal underscores the critical importance of addressing group assaults with precise legal theory and evidence from the outset.

Case Inquiry: Attorney Min-hoo Kim