1. Case Overview
The client was a foreigner working as a professional engineer and was staying in Korea. The client went out to the city with a friend on the weekend, met his friends and came back from drinking, bought beer at a convenience store and headed to the company house to watch the soccer game at dawn.
The client had a quarrel with two Koreans who were passing by the company house, and a fight between the two began when the client's friend assaulted one Korean first. The client tried to stop a fight with a Korean, but changed his attitude and threw a can of beer at a Korean who was trying to stop the fight. Korean man was hit in the eye by a client's beer can, suffered orbital fracture and temporarily lost his sight.
However, the client and friend were frightened of this situation and entered into the house, leaving the victims who were yelling and complaining behind, and the victims called the police. The client and his friend were arrested together by the police who came to his house the following day, and an arrest warrant was sought after.
2. Applicable Law
According to Article 2 (2) 3 of the Punishment of Violences, etc. Act, two or more persons who jointly commit an injury under Article 257 (1) of the Criminal Act shall be punished by imprisonment up to 7 years, suspension of qualifications for up to 10 years or a fine up to KRW 10 million, and the penalty shall be aggravated by up to 1/2 of the penalty.
3. Assistance of Counsel
The client has worked around the world as an engineer for years without any criminal record. The client was arrested and detained in a detention center the next day by the investigative agency, because he returned home without taking care of the victim even though he saw the victim bleeding seriously because the client threw a beer can at the victim. The client appointed our criminal defense lawyers right away following the emergency arrest, and our lawyers immediately formed a TF team to prepare for the upcoming arrest warrant request and set up the best strategy to allow the client to stand trial without detention.
With an arrest warrant certain to be sought within 48 hours of the arrested suspect, our lawyers met with the client in custody at night urgently to find out the circumstances and facts of the case and to obtain necessary data to submit the written opinion on the warrant hearing. In addition, our lawyers corrected the incorrect statements made by the client because he did not understand the case, and sought a settlement with the victim.
Shortly thereafter, an arrest warrant for an urgently arrested client was requested, and the time was running out. Our defense counsel had already reached a settlement in anticipation of the warrant hearing, but the victims did not want to settle, but requested severe punishment from the investigation agency, so our lawyers prepared other additional materials to neutralize the reason for issuing an arrest warrant.
As a result, on the day of the warrant hearing, our defense counsel attended the court to convincingly defend the client's circumstances along with an explanation of the reasons for the arrest warrant request, and expressed the opinion that the issuance of an arrest warrant is not essential by presenting additional data.
The presiding judge in charge of the warrant hearing asked a detailed question about the client's circumstances based on our attorney's opinion and pleading, and the client, who received prior training on questions and answers from the defense counsel, calmly stated his reflection and the circumstances of the incident.
4. Outcome
As a result, the arrest warrant for the client was dismissed, and the client was given the opportunity to be tried without detention in a foreign soil far away, and with the help of the defense counsel, he was able to reach a settlement with the victim and a plea for leniency.
5. Significance of the Outcome
Like the client in this case, an arrest warrant will be issued depending on the case, if a foreigner escapes from the scene. In particular, this case was between a foreigner and a local resident, and it was recognized as a case where a troubled foreigner injured a local resident and was in danger of escaping by lying. It was a case that proceeded very unfavorably to the client before the appointment of an attorney. Above all, it was not possible to have an interpreter participate every time to communicate with the client who is a foreigner, so it was a case where the lawyers spoke English for the client.
Through in-depth interviews with the client, our lawyers, who were able to communicate using English, actively vindicated that the client would respond to investigations and trials without fleeing, and to sincerely apologize and reach a settlement with the victims.
Although it seemed to be very far from reaching an immediate settlement due to the victim's grievance about serious injury and requests for severe punishment, it was a case that resulted in satisfying both the client and the victim, thanks to our experienced defense counsel who know how to respond quickly.
