Criminal Defense Lawyer Stories
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Criminal Defense Lawyer Stories

Criminal law insights from a defense attorney — traffic accidents, drug crimes, juvenile crimes and more

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Traffic Accident Attorney

Traffic accident settlement agreement formWhen a traffic accident occurs, a settlement should be reached. A traffic accident settlement agreement form usually includes the personal details of the at-fault party and the victim, the date and time the accident occurred, the location, a contract stating that a settlement has been reached, and the signatures of both parties.In addition, the components of a settlement agreement form include the name of the accident, the date of the accident, a description of the accident, the extent of the damage, and the terms of the settlement. The accident name should be entered as a name that identifies the accident, and for the accident date, the more specifically you record it down to the time, the better. The accident description should set out the circumstances and a clear, orderly account of how the accident occurred, followed by the damage that resulted from the accident. Based on this, you record the terms agreed upon by both parties, the date the settlement agreement was drawn up, and the personal information of the at-fault party and the victim.Drawing up a settlement agreement..

Traffic Accidents

Drug Crime Attorney

The Narcotics Control Act exists to ensure the proper handling and management of narcotics, psychotropic substances, cannabis, and raw materials, and to provide for the treatment and prevention of drug addiction. By preventing the harm to public health caused by misuse or abuse, the Act aims to improve national health and help build a healthier society. The provisions of the Act on the Management of Narcotics, etc. are as follows. Article 1 (Purpose) The purpose of this Act is to contribute to improving national health by preventing harm to public health caused by the misuse or abuse of narcotics, psychotropic substances, cannabis, and raw materials, through their proper handling and management. Article 2 (Definitions) The terms used in this Act are defined as follows. 1. The term 'narcotics, etc.' means narcotics, psychotropic substances, and cannabis. Under the Narcotics Control Act, narcotics include substances derived from the opium pop..

Drug Crimes

Occupational Breach of Trust

What is occupational breach of trust? Breach of trust is a crime in which a person who handles another's affairs acts in violation of that duty to obtain a financial benefit for themselves or for a third party, thereby causing loss to the other person—that is, the 'principal.' In particular, where this crime is connected to occupational duties—that is, where a person who handles another's affairs commits breach of trust by violating an occupational duty—it is subject to aggravated punishment as occupational breach of trust. In such cases, where the amount of gain from occupational breach of trust is KRW 500 million or more, aggravated punishment applies under the Act on the Aggravated Punishment of Specific Economic Crimes. Occupational breach of trust: relevant statutes. Article 355 (Embezzlement, Breach of Trust) (1) A person who, having custody of another's property, embezzles such property or refuses to return it shall be punished by imprisonment for not more than five years or a criminal fine not exceeding KRW 15 million. (2) A person who handles another's affairs and, by violating that duty, ..

Other Criminal Law

Extortion: Elements of the Offense and Penalties

Extortion is established when a person uses coercion to obtain property or a financial benefit. This article explains how extortion differs from criminal intimidation, the aggravated penalties for special extortion, the punishment of attempts, and the elements required to establish the offense.

Other Criminal Law

Assault: Elements of the Offense and Penalties

Assault is a crime committed when someone uses physical force against another person's body. This article explains the penalties for each type—simple assault, assault on a lineal ascendant, special assault, and assault causing bodily injury—along with whether they are offenses not prosecutable against the victim's will and what to watch out for in mutual assault cases.

Other Criminal Law

Penalties for Unlicensed Driving and Why You Need a Lawyer's Help

What is unlicensed driving? One of the dangerous acts that violate the Road Traffic Act, unlicensed driving refers to operating a vehicle without having obtained a driver's license. It poses a serious danger not only to the driver but also to nearby pedestrians and passengers. Many traffic accidents result from it, and the casualties and property losses caused by such accidents reach a considerable scale. Penalties for unlicensed driving are strictly defined by law and can lead to serious legal consequences for the driver. Penalties for unlicensed driving: even a first-time offender can be sentenced to actual imprisonment. And if it is not a first offense, the likelihood of receiving an actual prison sentence is even higher. The same applies to the probationary period. The penalty for simple unlicensed driving is, for a first-time offender, imprisonment of up to one year and a fine of up to KRW 3 million, but this is only the first-offense standard ..

Traffic Accidents

Elements of Criminal Intimidation

What is criminal intimidation? Along with defamation and criminal insult, criminal intimidation is one of the most common legal topics people ask about. Criminal intimidation refers to a crime that infringes on a person's freedom to form their own will by communicating a harm capable of instilling fear. Types of criminal intimidation: There are simple intimidation, aggravated intimidation, and intimidation of a lineal ascendant. The common, ordinary form of intimidation, in which someone is told that harm will be inflicted upon them, falls under simple intimidation. If a dangerous object such as a weapon is used, or if several people carry out the intimidation, it amounts to aggravated intimidation. Intimidation of a lineal ascendant refers to intimidating one's direct ascendant. Punishment for criminal intimidation: Under Article 283 of the Korean Criminal Act (Intimidation, Intimidation of Lineal Ascendant), a person who intimidates another shall be punished by imprisonment for up to 3 years, a criminal fine of up to KRW 5 million, detention, or a minor fine. In addition, Article 284 of the Korean Criminal Act..

Other Criminal Law

Criminal Insult Fines

What is criminal insult? Criminal insult is an offense established by publicly insulting a person, and it is set out in Article 311 of the Korean Criminal Act. While it resembles defamation in that external reputation is the legal interest being protected, it differs from defamation in that no specific fact is asserted. Criminal insult refers to conduct that attacks another person's reputation or self-esteem, and it must take place publicly, that is, in front of other people. This feature is what distinguishes it from defamation. For criminal insult to be established, there must be an insulting remark or act that occurs in a public place or situation, carried out openly under the gaze of others. Accordingly, although defamation and criminal insult share similar aspects, each offense differs in its requirements for establishment and scope of application. Requirements for establishing criminal insult: the requirements include publicity, specificity..

Other Criminal Law