Assault on a nurse by a patient with schizophrenia

Summary order and request for formal trial

When the crime is minor and a fine, minor fine, or confiscation is appropriate, the prosecutor may seek a summary order, and when a summary order is requested, the court issues the order as requested without a trial. In this case, the defendant does not need to appear in court.

However, if the defendant pleads not guilty or feels the fine is too high, he or she may request a formal trial within 7 days of receiving notice of the summary order. If a formal trial is not requested and the period passes, the summary order becomes final and conclusive, and no further appeal is possible.

Previously, when a formal trial was requested, a heavier sentence than the summary order could not be imposed, which led to abuses of the right to request a formal trial. However, a few years ago, the law was amended so that when a formal trial is requested after contesting a summary order, a higher fine than the summary order can be imposed, so requests for formal trial must be made with caution.

Recently, lawyer Joo Youngjae won a case in a formal trial where only half of the summary order fine was imposed. We will introduce that case.

Facts

The defendant (the client) had suffered from schizophrenia for a long time. When his symptoms worsened, he created a disturbance and was taken to a university hospital by police who were dispatched to the scene.

While waiting in the hospital lobby, the defendant caused a commotion. He yelled abusive language at a nurse who tried to restrain him and kicked the nurse's leg three times.

Afterwards, the defendant was summarily indicted for assault and a summary order of a fine of 3,000,000 Korean won was issued. Feeling the fine was burdensome, the defendant requested a formal trial, and lawyer Joo Youngjae was appointed as defense counsel.

Lawyer Joo Youngjae's assistance

Lawyer Joo Youngjae determined that the defendant's schizophrenia had influenced the crime, and he collected and submitted medical records such as diagnostic certificates. In addition, he argued that the defendant was sincerely remorseful and would receive proper treatment for schizophrenia in the future, while also actively arguing that the assault was very minor.

The court's ruling

The court accepted lawyer Joo Youngjae's arguments on sentencing and, despite the lack of a settlement with the victim, imposed a fine of 1,500,000 Korean won, half of the summary order fine.