Archive · 2024-06

Harboring a Criminal and Instigating the Harboring of a Criminal

The offense of harboring a criminal—also known as concealing a criminal—refers to the act of hiding or helping to escape a person who has committed a crime punishable by a criminal fine or a heavier penalty. This provision is designed to punish conduct that helps an offender evade the judgment of the law, and its scope ranges from simply providing a hiding place to various forms of assistance aimed at helping the person flee. The offense of harboring a criminal is set out in Article 151 of the Korean Criminal Act, under which a person who helps a criminal escape is liable to imprisonment for up to three years or a criminal fine of up to KRW 5 million. The elements of the offense of harboring a criminal are as follows. First, the target must be 'a person who has committed a crime punishable by a criminal fine or a heavier penalty.' This means that minor offenses do not qualify. Second, the defendant must have 'concealed the criminal or helped the criminal escape.' ..

Other Criminal Law June 25, 2024

Drunk Driving Off Public Roads, Refusing a Breathalyzer Test, License Suspension, and License Revocation

Can you be charged with drunk driving off public roads? Driving under the influence in places other than public roads can still lead to criminal punishment. Under Article 2 of the Korean Road Traffic Act, a "road" means any place open to the passage of the general public, which includes roads, parking lots, roads within apartment complexes, and any other place the public can travel through. Accordingly, drunk driving in a parking lot or on a road within an apartment complex can also be subject to punishment. The criminal punishment for drunk driving applies equally whether the driving takes place on a public road or off it. If you are caught driving under the influence, you may face criminal penalties such as a criminal fine or imprisonment depending on your blood alcohol concentration. Even when drunk driving occurs off public roads, the danger it poses is no different from drunk driving on a road, so legal punishment cannot be avoided. Administrative dispositions such as the revocation or suspension of a driver's license ..

Traffic Accidents June 19, 2024

Fraud Suspect and Victim: Elements of the Offense and Filing a Fraud Complaint

What is fraud? Fraud is the crime of deceiving someone to take property or obtain an unlawful financial benefit, and it is also established when such a benefit is conferred on a third party. Because this crime exists to protect an individual's property, it is not established by the mere fact of deception, nor does it apply where an interest other than property has been infringed. These rules are set out in Article 347 of the Korean Criminal Act and Article 246 of the Japanese Penal Code. Elements of fraud: For fraud to be established, the elements of deceptive conduct, a disposing act, the victim's financial loss, intent, and the intent of unlawful appropriation must all be satisfied. The first element of fraud is deceptive conduct that misleads a person into a mistaken belief. This includes active conduct, passive conduct, explicit conduct, and implicit conduct, and need not be a false statement about an essential part of a juristic act..

Other Criminal Law June 18, 2024

Understanding Defamation by Statement of Fact

What is defamation by statement of fact? Can you really be punished for defamation even when what you said is true? Yes. You can be punished for defamation by statement of fact. Defamation by statement of fact refers to harm to someone's reputation caused by stating a fact. Stating a fact means lowering the social standing of the victim, and defamation is established when all three elements are present: publicity (a state where many people can become aware of the statement), the statement of a fact, and intent. Whether it is defamation by statement of fact or defamation by statement of a false fact, for the offense of defamation to be established, the act must involve stating a specific fact sufficient to lower a person's reputation, carried out with the intent to damage another person's honor. Defamation by statement of a false fact occurs when someone harms another person's reputation by stating a false fact. Defamation by statement of a false fact..

Other Criminal Law June 12, 2024

Perjury - The Legal Fallout of a Lie

Perjury is the legal term for lying in court. The offense is established when a witness gives a false statement that lacks legal credibility. Because it distorts or conceals the truth in court, perjury is treated as a serious crime. This article explains what perjury is, the requirements for the offense, the penalties, and why you may need an attorney. What is perjury? Perjury refers to giving a false statement in court. Truth is essential in court, and perjury obstructs these legal proceedings and can lead to serious consequences. Perjury is regarded as conduct that undermines social trust and interferes with a fair trial. Requirements for perjury For perjury to be established, the following requirements must be met: A witness under oath: the person must be a witness who has taken an oath as required by law. Statements made before an investigative agency, or statements by a witness who has not..

Other Criminal Law June 11, 2024

Age of a Juvenile Offender Under 14 and Types of Protective Disposition

A juvenile offender under 14 is a minor aged 10 or older but under 14, who receives a protective disposition under the Juvenile Act instead of criminal punishment. This article explains the age criteria, the protective dispositions from No. 1 to No. 10, the difference from a juvenile delinquent subject to prosecution, and what victims and guardians need to know.

Juvenile Crimes June 4, 2024