ENGLISH

Victims of Domestic Violence

Concept of domestic violence

Types of domestic violence

Concept of domestic violence

Domestic violence

- The term "domestic violence" means actions inflicting physical or psychological harm or damage to the property of family members (Article 2, subparagraph 1 of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence”).

Parties to domestic violence

- A “family member” as the party to domestic violence refers to any of the following persons (Article 2, subparagraph 2 of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence”):

· A spouse (including persons in a de facto marital relationship) or former spouse

· A current or former lineal ascendant or descendant to himself/herself or his/her spouse (including those in a de facto parent-child relationship by adoption)

· A person currently or formerly in a relationship between step-parents and offspring or in a relationship between a father's legal wife and the child of a mistress

· A relative living together

- The term "domestic violence offender" means a person who commits criminal domestic violence and an accomplice who is his/her family member (Article 2, subparagraph 4 of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence”).

- The term "victim of domestic violence" means a person who suffers direct harm from criminal domestic violence (Article 2, subparagraph 5 of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence”).

Crime of domestic violence

- The term "criminal domestic violence" means any of the following crimes (Article 2, subparagraph 3 of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence”):

Classification	Criminal domestic violence
Crimes of inflicting bodily injury and assault	- Bodily injury on another or on a lineal ascendant (Article 257 of the “Criminal Act”) - Aggravated bodily injury of another or on a lineal ascendant (Article 258 of the “Criminal Act”) - Special bodily injury (Article 258-2 of the “Criminal Act”) - Assault against another or on a lineal ascendant (Article 260 (1) and (2) of the “Criminal Act”) - Special violence (Article 261 of the “Criminal Act”) - Habitual crimes of inflicting bodily injury and assault (Article 264 of the “Criminal Act”)
Crimes of abandonment and cruelty	- Abandonment of lineal ascendants (Article 271 (1) and (2) of the “Criminal Act”) - Abandoning infants (Article 272 of the “Criminal Act”) - Cruelty to another and to lineal ascendants (Article 273 of the “Criminal Act”) - Hard labor by children (Article 274 of the “Criminal Act”)
Crimes of false arrest and illegal confinement	- False arrest, illegal confinement, those on lineal ascendant (Article 276 of the “Criminal Act”) - Aggravated false arrest, aggravated illegal confinement, those on lineal ascendant (Article 277 of the “Criminal Act”) - Special false arrest or illegal confinement (Article 278 of the “Criminal Act”) - Habitual crimes of false arrest and illegal confinement (Article 279 of the “Criminal Act”) - Attempted crimes of false arrest and illegal confinement (Article 280 of the “Criminal Act”)
Crimes of intimidation	- Intimidation, intimidation on lineal ascendant (Article 283 (1) and (2) of the “Criminal Act”) - Special intimidation (Article 284 of the “Criminal Act”) - Habitual crimes of intimidation (Article 285 of the “Criminal Act”) - Attempted crimes of intimidation (Article 286 of the “Criminal Act”)
Crimes of rape and infamous conduct	- Rape (Article 297 of the “Criminal Act”), attempted rape, or habitual rape (Articles 300 and 305-2 of the “Criminal Act”) - Imitative rate (Article 297-2 of the “Criminal Act”), attempted imitative rape, or habitual imitative rape (Articles 300 and 305-2 of the “Criminal Act”) - Indecent act by compulsion (Article 298 of the “Criminal Act”), attempted indecent act by compulsion, or habitual indecent act by compulsion (Articles 300 and 305-2 of the “Criminal Act”) - Quasi-rape, quasi-indecent act by compulsion (Article 299 of the “Criminal Act”), attempted quasi-rape, quasi-indecent act by compulsion, or habitual quasi-rape, quasi-indecent act by compulsion (Articles 300 and 305-2 of the “Criminal Act”) - Inflicting or causing another's bodily injury by rape, etc. (Article 301 of the “Criminal Act”) - Killing another or causing death of another by rape, etc. (Article 301-2 of the “Criminal Act”) - Sexual intercourse with minor, etc. (Article 302 of the “Criminal Act”) - Sexual intercourse or indecent acts with minor (Article 305 of the “Criminal Act”)
Crimes concerning reputation	- Defamation (Article 307 of the “Criminal Act”) - Defamation of dead person (Article 308 of the “Criminal Act”) - Defamation through printed materials (Article 309 of the “Criminal Act”) - Insult (Article 311 of the “Criminal Act”)
Crimes of intrusion upon a human habitation	- Intrusion upon habitation, refusal to leave (Article 319 of the “Criminal Act”) - Special Intrusion upon habitation (Article 320 of the “Criminal Act”) - Illegal search of human habitation and body (Article 321 of the “Criminal Act”) - Attempted intrusion upon habitation (Article 322 of the “Criminal Act”)
Crimes of obstructing another from exercising his/her right	- Coercion (Article 324 of the “Criminal Act”) - Attempted coercion (Article 324-5 of the “Criminal Act”)
Crimes of fraud and extortion	- Extortion (Article 350 of the “Criminal Act”) - Special extortion (Article 350-2 of the “Criminal Act”) - Attempted extortion and special extortion (Article 352 of the “Criminal Act”)
Crimes of destruction	- Destruction and damage, etc. of property (Article 366 of the “Criminal Act”) - Special destruction and damage (Article 369 (1) of the “Criminal Act”)
Crimes of taking photographs or videos using cameras	Crimes and attempted crimes of taking photographs or videos using cameras (Articles 14 and 15 of the “Act on Special Cases concerning the Punishment, Etc. of Sexual Crimes”)
Prohibited distribution of unlawful information	- Violation of any prohibited distribution of unlawful information (Article 74 (1) 3 of the “Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.”)
	- Other crimes subject to aggravated punishment under other laws and regulations