If the Assailant is Under 14 
If the Assailant is Under 14
- According to the Criminal Act, assailants under the age of 14 are exempt from criminal punishment (Article 9 of the Criminal Act). Cases are protected under the Juvenile Act for minors ages 10 to 13, so such minors may be subject to protective disposition.
For Minors Ages 14 to 18
For Minors Ages 14 to 18
- Suppose a minor between the ages of 14 to 18 commits a crime requiring long-term penal servitude for more than two years. Then, a penal servitude for an indeterminate term will be sentenced to determine a long-term or short-term period within the sentence scope. In this case, long-term penal servitude shall not exceed ten years, and short-term penal servitude shall not exceed five years (Article 60, paragraph 1 of the Juvenile Act).
※ However, long-term penal servitude shall be declared if suspending the sentence’s execution or announcement (Article 60, paragraph 3 of the Juvenile Act).
- If a minor was under 18 when committing the crime, he/she shall not be sentenced to death or imprisonment for life. Instead, he/she shall be sentenced to 15 years of imprisonment for a limited term (Article 59 of the Juvenile Act).
No Penalties for Persons with Mental or Physical Disabilities
Persons with Mental or Physical Disabilities
- Any person who is unable to distinguish objects or make decisions due to a mental or physical disability (hereinafter referred to as “Persons with Mental or Physical Disabilities) shall not be penalized for criminal acts (Article 10, paragraph 1 of the Criminal Act).
※ However, suppose a person foresaw danger and incurred a mental or physical disability by his/her own will. In this case, the person shall be penalized (Article 10, paragraph 3 of the Criminal Act).
Feeble-Minded Persons
- Any person who is less capable of distinguishing objects or making decisions due to a mental or physical disability (hereinafter referred to as “Feeble-Minded Persons”) shall be penalized with a lighter sentence for criminal acts.
※ However, suppose a person foresaw danger and incurred a mental or physical disability by his/her own will. In this case, the person shall not be penalized with a lighter sentence or exempt from punishment (Article 10, paragraph 3 of the Criminal Act).
Persons with Hearing and Speaking Disabilities
- Punishment shall be mitigated for the act of deaf-mutes. (Article 11 of the Criminal Act).
No Penalties for Forced Actions
Suppose a person was forced to commit a crime because he/she was unable to protect his/her own life or his/her relatives’ lives, or unable to defend against violence or bodily harm. In this case, the person shall not be penalized for criminal acts (Article 12 of the Criminal Act).