Crime of Violence according to the 「Criminal Act」
Crime of Simple Violence
- If a person exerts violence or assault against another person’s body, he/she shall be sentenced to up to two years of imprisonment, or fined up to KRW 5 million, punished with detention, or a minor fine (Article 260, paragraph 1 of the Criminal Act).
- However, the assailant cannot be punished against the victim’s will or intention for a crime of violence, which means public prosecution shall not be filed without the victim clearly stating his/her intention to do so (Article 260, paragraph 3 of the Criminal Act).
※ For cases that prohibit punishing the assailant against the victim’s will, such as the crime of simple violence, the declaration of the victim’s intention for penalty may be withdrawn before the assailant is sentenced in the first trial’s ruling. Once the victim withdraws his/her intention for the penalty, he/she shall not file a suit for the case again (Article 232, paragraph 3 of the Criminal Procedure Act).
※ Definitions of Legal Terms
· Detention: A type of punishment restricting physical freedom that refers to imprisoning a person for 1 to 29 days. Detention is the lightest sentence among penalties and is generally imposed for minor offenses.
· Minor Fine: A minor fine is a sentence concerning property and punishes the criminal by compulsively imposing a certain amount of payment. Minor fine imposes a lower amount for lighter sentences than a general fine.
· Crime not Prosecuted Against Objection: There shall be no penalty if the victim does not want the assailant to be penalized. For instance, if the victim clearly expresses his/her intention for the assailant to not be penalized, or withdraws his/her intention for the assailant to be penalized, no case shall be prosecuted. If this occurs after indictment, the court declares the dismissal of the case. Crimes of simple violence, accidental infliction of injury, simple intimidation, or defamation fall under this category.
< Source: Collection of Legal Terms and Cases, By the Ministry of Government Legislation and Korea Legislation Research Institute, 2003>
Crime of Lineal Ascendant Violence
- If a person commits a crime of violence against a lineal ascendant of the principal himself/herself or his/herspouse, he/she shall be sentenced to up to five years of imprisonment or fined up to KRW 7 million (Article 260, paragraph 2 of the Criminal Act).
- However, for the crime of lineal ascendant violence, the assailant cannot be punished against the victim’s will or intention for a crime of violence, which means public prosecution shall not be filed without the victim clearly stating his/her intention to do so (Article 260, paragraph 3 of the Criminal Act).
※ For cases that prohibit punishing the assailant against the victim’s will, such as the crime of lineal ascendant violence, the declaration of the victim’s intention for penalty may be withdrawn before the assailant is sentenced in the first trial’s ruling. Once the victim withdraws his/her intention for penalty, he/she shall not file a suit for the case again (Article 232, paragraph 3 of the Criminal Procedure Act).
※ Definitions of Legal Terms
· Lineal Ascendant: One’s parents or relatives belonging to the same generation as one’s parents among relatives connected in a vertical form of descent. For example, one’s parents, grandparents, and great-grandparents are considered as one’s lineal ascendant.
< Source: Collection of Legal Terms and Cases, By the Ministry of Government Legislation and Korea Legislation Research Institute, 2003>
Crime of Special Violence
- Suppose a person is involved in exercising force in a group or with others, or carries a dangerous object to commit a crime of violence or crime of lineal ascendant violence. In this case, the corresponding person shall be sentenced to up to five years of imprisonment, or fined up to KRW 10 million, and may be suspended of qualification for up to ten years.
Crime of Injury by Assault and Crime of Fatal Assault
- Any person who injured or murdered another person by committing a crime of violence, crime of lineal ascendant violence, or a crime of special violence shall be penalized if falling under the following categories (Articles 257, 258, 258-2, 259, and 262 of the Criminal Act).
· If a person injures another person’s body, he/she shall be sentenced to up to seven years of imprisonment, suspended of qualification up to ten years, or fined up to KRW 10 million.
· If a person injures the lineal ascendant of the principal himself/herself or his/her spouse, he/she shall be sentenced to up to ten years of imprisonment, or fined up to KRW 15 million.
· If a person causes a fatal injury to another person, he/she shall be sentenced to one to ten years of imprisonment.
· If a person injures another person severe enough to result in physical disabilities or an incurable disease, he/she shall be sentenced to one to ten years of imprisonment.
· If a person injures the lineal ascendant of the principal himself/herself or his/her spouse severe enough to result in physical disabilities or an incurable disease, he/she shall be sentenced to 2 to 15 years of imprisonment.
· Suppose a person exercises power in a group or with other people, or with a dangerous object to injure another person’s or his/her spouse’s lineal ascendant. In this case, he/she shall be sentenced to one to ten years of imprisonment.
· Suppose a person exercises power in a group or with other people, or with a dangerous object and causes a fatal injury to another person’s or his/her spouse’s lineal ascendant. In this case, he/she shall be sentenced to 2 to 20 years of imprisonment.
· If a person injures another person’s body that leads to mortality, he/she shall be sentenced to up to three years of imprisonment for a limited term.
· If a person causes a fatal injury to his/her lineal ascendant or his/her spouse’s lineal ascendant, he/she shall be sentenced to imprisonment for life or more than five years of imprisonment.