English
Criminal Defense
"Use of Criminal Deposit in a Taxi Assault Case"
2026-09-04
Indicted for assaulting a taxi driver under the Act on the Aggravated Punishment of Specific Crimes
a success story that secured a suspended sentence at trial and held up all the way to final confirmation after fending off the prosecutor's appeal
Some of you may feel at a loss because settlement talks with the victim have broken down, but a failure to reach settlement does not automatically mean an actual prison sentence. Today we introduce a case in which the client was indicted for assaulting a taxi driver under this aggravated-punishment law, yet through a prompt criminal deposit and a sincere show of remorse received a suspended sentence at trial — and then successfully fended off the prosecutor's appeal for a harsher sentence, reaching final confirmation.
Case Summary
The defendant, who had taken a taxi late at night, got into a dispute with the driver over getting off at his destination, and while the taxi was in motion subjected the driver to severe verbal abuse and physical assault. He climbed over from the back seat into the driver's seat and pressed his body against the victim, and continued to use physical force even after getting out of the vehicle. In the process, the taxi came to a stop in the middle of a four-lane road, seriously disrupting traffic flow and creating the risk of a secondary accident.
Applicable Law
Rather than simple assault under the Criminal Act, the defendant was indicted for violating Article 5-10 of the Act on the Aggravated Punishment of Specific Crimes (the provision exempting offenses from prosecution against the victim's expressed wish does not apply here).
Progress of the Trial
- First trial: sentenced to 1 year and 2 months' imprisonment, suspended for 3 years, plus 240 hours of community service
- Prosecutor: appealed on the ground that the sentence was too lenient
- Appellate court: dismissed the prosecutor's appeal → the first-trial judgment became final
| ✔ Even in a case of assaulting a taxi driver while the vehicle is in motion, a suspended sentence can be secured through a prompt criminal deposit and a sincere show of remorse, even where settlement talks have broken down. |
1The aggravated-punishment law that applies to assaulting a driver in motion
Striking or threatening the driver of a vehicle while it is in motion is treated as a serious matter that endangers not only the driver but also passengers, pedestrians, and the safety of other vehicles. For that reason, rather than the ordinary assault provision of the Criminal Act, Article 5-10 of the Act on the Aggravated Punishment of Specific Crimes — a special statute — applies, and because the provision exempting offenses from prosecution against the victim's expressed wish does not apply, the offender can still be tried and punished even if the victim does not want punishment.
2Q. If settlement hasn't been reached, does a criminal deposit still help with sentencing?
Even if settlement with the victim ultimately falls through, a criminal deposit made promptly by the defendant to help restore the victim's loss can still be considered a favorable sentencing factor. That said, if the victim clearly refuses to receive the deposited funds, the court's willingness to give it weight may be limited, so a criminal deposit should be prepared together with other sentencing materials such as a letter of reflection and petitions of leniency.
3The prosecutor's appeal on sentencing severity — what does the appellate court look at?
Even when a defendant receives a favorable suspended sentence, the prosecutor may still appeal under Article 361-5, Item 15 of the Criminal Procedure Act on the ground that the sentence is too lenient, and in such cases there is a risk that the appellate court could impose a harsher sentence. The appellate court examines whether the unfavorable circumstances raised by the prosecutor are supported by objective evidence, and whether they were already taken into account at the first trial, in deciding whether to overturn the judgment.
"The new circumstances the prosecutor raised had already been
fully considered at the first trial, with no meaningful additional evidence."
1The first-trial court's finding on the danger of the assault
The first-trial court found that, given the manner of the offense and the degree of the assault, the nature of the crime was very serious, and that a stern punishment was unavoidable in order to protect public traffic order and the lives of citizens. In particular, the court noted the danger that a secondary accident could have resulted if the victim, being assaulted while driving, had mistakenly pressed the accelerator, and applied the aggravated-punishment law on that basis.
2The criminal deposit's limited effect, and the suspended sentence
The court found that, because the victim had refused to accept the deposited funds, the extent to which this circumstance could be reflected in sentencing was limited. Even so, it gave some credit to the fact that the defendant had no prior criminal record and had deposited roughly ten million won as an effort to restore the victim's loss. Taking these various circumstances into account, along with the defendant's acknowledgment of the charged facts, the court sentenced him to 1 year and 2 months' imprisonment, suspended for 3 years, and ordered 240 hours of community service.
3Dismissal of the prosecutor's appeal and finalization of the judgment
The appellate court also took into account, as a further sign of sincere remorse, the fact that the defendant himself had not appealed the first-trial judgment. As a result, the appellate court dismissed the prosecutor's appeal, and the first trial's suspended-sentence judgment became final.
In this way, even in a situation where settlement talks with the victim had broken down, the defendant was able to secure a suspended sentence at the first trial through a prompt criminal deposit and sincere remorse, and went on to fend off the prosecutor's appeal, reaching final confirmation of the judgment.
Handling this case reconfirmed for me that a breakdown in settlement talks does not automatically mean you should fear an actual prison sentence. Even if the victim refuses to accept a deposit, making a prompt criminal deposit and carefully preparing a letter of reflection and petitions of leniency can be more than enough to persuade the court.
I believe that successfully defending the judgment against the prosecutor's appeal was also the result of steadily gathering sentencing materials from the very first-trial stage, without letting up. If you are facing criminal proceedings over an assault that arose from a momentary loss of temper, please do not hesitate to consult directly with me, Attorney Kwon Hyuk-seong of Kwon & Partners Law Firm.
⚖️ Are you facing criminal proceedings on an assault charge stemming from a sudden dispute?
Are you at a loss because settlement talks aren't going smoothly?
In criminal cases involving assault and injury, Kwon & Partners delivers the best possible outcome for our clients through prompt criminal deposits and carefully prepared sentencing materials. If you are struggling with a charge under the aggravated-punishment law, a prosecutor's appeal on sentencing severity, or a similar issue, please feel free to reach out to us at any time.