Conditional Non-Indictment in Special Assault Case Followed by Successful Immigration Review

Conditional Non-Indictment in Special Assault Case Followed by Successful Immigration Review

Law Firm Dongju 법무법인 동주 

A foreign national working and residing in Korea became involved in a physical altercation at a nightclub, which escalated into a special assault charge after the client threw a small handheld mirror during a heated argument.

Although the incident began as a mutual verbal dispute, CCTV footage captured the moment the object was thrown, leading authorities to classify the act as assault using a dangerous object, a charge carrying significantly heavier penalties than simple assault.

Because the client was a foreign national with an established life and employment in Korea, the outcome of the criminal case was directly tied to potential immigration consequences, including visa extension denial or deportation through a separate immigration review process. From the outset, Dongju Law Firm pursued a dual strategy: securing a non-indictment in the criminal case and successfully defending against subsequent immigration sanctions.

Key defense strategy:

• Contextualizing the incident
  Demonstrating that the altercation was mutual, alcohol-related, and triggered by ongoing provocation from the other party.

• Emphasizing the impulsive nature of the act
  Arguing that the act was not planned or intentional violence, but a momentary lapse in judgment during a heated situation.

• Facilitating victim reconciliation
  Conveying sincere apologies through counsel and successfully reaching a settlement with the victim.

• Highlighting first-time offense and social stability
  Submitting evidence of no prior criminal record, stable employment, and long-term residence in Korea.

• Preparing for post-criminal immigration review
  Structuring arguments and documentation not only for prosecution review, but also for the anticipated immigration offender screening process.

✅ The result?

The prosecution issued a non-indictment decision, recognizing the mitigating circumstances and settlement.
Following this, Dongju Law Firm successfully defended the client in the immigration offender review, resulting in approval to maintain lawful stay in Korea without deportation or visa cancellation.

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