Archive · 2024-04

Understanding Offenses Not Prosecutable Against the Victim's Will

An offense not prosecutable against the victim's will refers to a crime that cannot be punished if the victim does not wish the offender to be punished. These are mainly minor cases or crimes where a settlement between the parties is important. Even if the victim has not filed a complaint, investigative agencies may still punish the offender after investigation, but if the victim expresses an intention not to wish punishment, the offender will not be punished. A point to be careful about with these offenses is that the victim must express this intention before the first-instance judgment. Only then does it take effect, and once you express such an intention, you cannot reverse it. Because you cannot go back and ask for punishment after saying you do not wish it, you must act prudently. However, it is possible to ask that punishment not be imposed after having previously requested it...

Other Criminal Law April 30, 2024

Elements of Defamation

What is defamation? Defamation literally refers to the act of harming the honor or reputation of an individual or organization. As conduct that damages a person's character or the reputation tied to their social standing within social relationships, defamation is regulated by law. Elements of the offense of defamation: The offense of defamation is established when someone publicly alleges a fact or a false statement and thereby damages another person's reputation. The first element of defamation is publicity. Publicity refers to a state in which an unspecified number of people can become aware of the matter; even if a fact about a single person is spread individually rather than to a group, publicity may still be recognized if there is a possibility of it being disseminated to an unspecified number of people. For example, even if you speak one-on-one in a private chat room after being told the listener will keep the secret, publicity may still be recognized because there is a possibility of dissemination. However, in the case of statements like whispers that only a party such as a family member or relative..

Other Criminal Law April 29, 2024

Penalties and Elements of Larceny

Larceny is the crime of stealing another person's property. In countries that place great importance on protecting private property, property rights are protected on a par with human rights, so larceny is classified as a serious crime alongside murder and robbery, which directly harm people. Another person's property refers to property owned and possessed by someone else, and taking or stealing it is wrong both morally and legally. Types of larceny include the following: 1) Simple larceny - the act of stealing another person's property, punishable by imprisonment for up to 6 years or a criminal fine of up to KRW 10 million. 2) Nighttime residential-trespass larceny - the act of entering a dwelling at night and stealing another person's property, punishable by imprisonment for up to 10 years, with a 7-year statute of limitations. 3) Special larceny - breaking part of a door, wall, or other structure at night and trespassing, or...

Other Criminal Law April 26, 2024

Drug Advertising: Sentencing and Case Law

Because of their danger and far-reaching consequences, drugs are treated as illegal in most countries. Yet as social media has gone mainstream alongside the growth of the internet, posts promoting drugs under the cover of anonymity have surged. Charge of drug advertising: under the drug-control statute, advertising acts whose manufacture and sale are prohibited..

Drug Crimes April 24, 2024

Misappropriation of Lost Property: Punishment and Elements of the Offense

If you pick up an item someone else has lost and, instead of returning it, you use or keep it, you may be punished for misappropriation of lost property (jeomyumul italhoengnyeong-joe) under Article 360 of the Korean Criminal Act. Punishment for misappropriation of lost property: Article 360 provides that anyone who embezzles lost property, drifted articles, or any other property that has left another person's possession shall be punished by imprisonment of up to one year or a criminal fine of up to KRW 3 million. This offense covers the embezzlement of lost property, drifted articles, buried articles, or any property that has left another person's possession. Put simply, it is the offense that arises when you take something that someone else has lost or left behind. If a taxi driver sells a mobile phone left behind by a passenger and pockets the profit, that conduct is not larceny but misappropriation of lost property. The drifted and buried articles referred to here are lost property..

Other Criminal Law April 19, 2024

Drug Crime Defense Attorney

The recent surge in drug use and the dangers and penalties behind it. Drug-related issues are one of the major concerns in our society. Over the past few years, drug-related crimes and drug use have surged. In this context, let's look at what dangers and penalties you may face if you use drugs. First, drug use is strictly punished under the law. Under the Act on the Control of Narcotics, drug use can be punished with a criminal fine or imprisonment. In particular, as the number of drug offenders increases, the severity of punishment is rising. Moreover, indiscriminate drug use can cause serious harm not only to individuals but also to their families and society. Second, the investigation and punishment of drug-related crimes are being strengthened. Crimes such as possession, distribution, and sale of drugs can be severely punished. In particular, if someone is involved in drug distribution..

Drug Crimes April 17, 2024

Why You Need a School Violence Attorney

School violence cases come in many forms. They include physical assault, verbal abuse, exclusion, and extortion of money or property. In recent years, the severity of these offenses has been escalating. As time goes on, increasingly serious matters are surfacing as school violence, and victimized students often file a police report at the same time they report the incident to the school. As a result, once school violence occurs, it can no longer be brushed aside as a simple reprimand or reconciliation; cases now go beyond the School Violence Committee to juvenile trials and, in severe instances, even criminal trials. When a school violence incident occurs, the types of penalties imposed include school disciplinary measures for school violence, protective dispositions for juveniles, and criminal punishment. School disciplinary measures for school violence Disciplinary measures for school violence are imposed through the School Violence Committee once a report is filed with the school. They range from Measure No. 1 to Measure No. 9, and..

Juvenile Crimes April 15, 2024

Traffic Accident Attorney and the 12 Categories of Gross Negligence

12 Categories of Gross Negligence in Traffic Accidents The 12 categories of gross negligence in traffic accidents refer to accidents caused by a driver's carelessness or violation of traffic laws. This describes situations where a driver fails to comply with traffic safety regulations, or disregards an accident risk or rule that goes unrecognized while driving. Traffic accidents resulting from driver carelessness can undermine traffic safety and cause harm to life and property, and they carry criminal penalties accordingly. Traffic accidents can occur due to a driver's carelessness, and they are treated as serious matters that threaten traffic safety. In particular, the 12 categories of gross negligence in traffic accidents encompass accidents that occur when a driver breaks traffic laws or ignores safety rules. These traffic accidents are recognized as problems tied not only to an individual driver's carelessness but also to public safety, and legal respon..

Traffic Accidents April 11, 2024

DUI Penalties and Why Hiring an Attorney Matters

DUI Penalties Drunk driving is regarded as a very serious crime in society, and the accidents it causes can lead to grave consequences. A person caught driving under the influence may face a range of penalties, including revocation or suspension of their driver's license, a criminal fine, and criminal punishment. Because drunk driving is an offense that can result in various forms of punishment and carry serious consequences, you must never do it. If you are caught driving under the influence, you should take appropriate steps by consulting an attorney. Why You Should Hire a DUI Attorney Drunk driving is conduct that can never be condoned. Even so, after an accident caused by drunk driving, it is often followed by deep regret and remorse. Claims such as promising never to drink and drive again, or that it was a momentary mistake and you are truly sorry..

Traffic Accidents April 5, 2024

(Juvenile) Forged ID Cards and the Dangers of Drug Crime

Forged juvenile ID cards Recently, more and more innocent shops are being hit with suspension-of-business orders because of ID cards that juveniles have forged. On top of that, some juveniles use forged ID cards to buy alcohol or cigarettes and then use that to blackmail the shop. Because these ID cards are easy to buy through social media and the like, they are becoming increasingly accessible. According to reported cases, forgeries made from the same material as a real ID card are selling for anywhere from hundreds of thousands of won up to around KRW 1 million. However, such conduct is not merely a youthful indiscretion but is treated as a serious crime that can lead to various charges and heavy punishment. In reality, even a juvenile can be put on criminal trial and sentenced to imprisonment. Up to 10 years of imprisonment for forging an ID card An ID card is a document issued by the state, and forging an ID card..

Juvenile Crimes April 3, 2024

Penalties for Drunk Driving and Key Points to Remember

1. Points to remember during a police investigation for drunk driving If you are caught at a DUI checkpoint or reported by another person, a procedure to measure your blood alcohol concentration is carried out on the spot, and the key point here is that you must not refuse the on-site breath test. You also must not deliberately interfere with the measurement. If you fail to properly comply with the police's request during this process, you may face aggravated punishment for obstruction of official duties in addition to the drunk driving charge. Later, when you appear before the police for questioning, you must not misstate your account due to the pressure and stress. Because the statements you make during the police investigation greatly affect how the case proceeds and the trial, it is also important to give a cooperative and proactive account. 2. The severity of criminal punishment for drunk driving When caught for drunk driving, if your blood alcohol concentration reaches the minimum threshold of 0.03..

Traffic Accidents April 1, 2024