Archive · 2024-07

Elements of Criminal Insult, Cyber Insult, Gathering Evidence and Filing a Complaint

What is criminal insult? Criminal insult is defined in Article 311 of the Korean Criminal Act as follows. Article 311 (Insult) A person who publicly insults another shall be punished by imprisonment or imprisonment without labor for not more than one year, or by a criminal fine not exceeding KRW 2 million. Criminal insult is an offense prosecutable only upon complaint, so no prosecution can be brought unless the victim files a criminal complaint. In addition, a complaint cannot be filed once six months have passed from the day the offender becomes known, and a complaint cannot be withdrawn after the first-instance judgment has been pronounced. Article 312 (Complaint and the Victim's Intent) (1) The offenses under Articles 308 and 311 may be prosecuted only upon complaint. Amended on Dec. 29, 1995. (2) The offenses under Articles 307 and 309 may not be prosecuted against the victim's expressed intent. Amended on Dec. 29, 1995. Elements of criminal insult 1. Publicity Capable of being perceived by an unspecified number of people 2. Identifiability of the person The obj..

Other Criminal Law July 31, 2024

Drug Crime Defense Attorney - Types of Drugs, Sentencing, and Reward Money

What are controlled substances? It is a collective term covering narcotics, psychotropic substances, and cannabis, and the Act on the Control of Narcotics (마약류 관리에 관한 법률) and its Enforcement Decree set out the definitions and the relevant components. To prevent harm to public health caused by their misuse or abuse, controlled substances are strictly regulated under the Act on the Control of Narcotics with respect to possession, ownership, use, management, import and export, manufacture, sale, and the like. General characteristics of controlled substances: 1. The craving for the drug is compulsive (dependence); 2. The amount used tends to increase (tolerance); 3. Unbearable symptoms appear when use is stopped (withdrawal symptoms); 4. The harm extends not only to the individual but to society as a whole. Types of narcotics: 1. Poppy: Papaver somniferum L. of the poppy family, Papaver setiger..

Drug Crimes July 30, 2024

Forgery of Private Documents: Elements of the Offense and Penalties

Forgery of private documents is committed when, with intent to use it, a person forges or alters another person's document concerning rights, obligations, or proof of facts. This article explains the distinction between forgery and alteration, the offense of uttering a forged private document, and how it differs from forgery of official documents.

Other Criminal Law July 29, 2024

Penalties Under the Stalking Punishment Act and Interim Measures

Under the Stalking Punishment Act, a stalking crime is punishable by up to 3 years of imprisonment, or up to 5 years if a weapon is carried. This article covers the 5 types of stalking conduct, the repeal of the offense-not-prosecutable-against-the-victim's-will provision, and emergency measures and interim measures No. 1 through No. 4.

Other Criminal Law July 26, 2024

Breach of Trust: Elements and Penalties

What is breach of trust? Article 355 of the Korean Criminal Act defines breach of trust as follows: a person who, while administering another's business, obtains a pecuniary advantage or causes a third person to obtain it, in breach of their duty, and thereby causes loss to the principal, shall be punished by imprisonment for not more than five years or a criminal fine not exceeding KRW 15 million. Objective elements: the elements of breach of trust are 'a person who administers another's business,' 'an act in breach of duty,' 'a pecuniary advantage,' and 'causing loss.' 1. A person who administers another's business: in the context of breach of trust, 'a person who administers another's business' refers to someone who, in an internal relationship with another and in light of the principle of good faith, comes to stand in a fiduciary relationship to administer that person's business, and who, on the basis of that relationship, holds a position in which protecting and managing the other's pecuniary interests is the typical and essential content of the fiduciary relationship ..

Other Criminal Law July 25, 2024

Why You Need a Sexual Assault Defense Attorney

Rape is one form of sexual violence. Sexual violence includes not only rape and indecent assault but also verbal sexual harassment, obscene messages, hidden-camera offenses, and any other physical or psychological violence inflicted against another person's will. Among these, sexual assault refers to rape and attempted rape. Rape means forcibly having sexual intercourse with a person through assault or intimidation. Punishment for sexual assault The punishment for sexual assault prescribed by the Criminal Act is as follows. Article 297 (Rape) A person who rapes another by means of assault or intimidation shall be punished by fixed-term imprisonment of at least three years. Article 297-2 (Quasi-Rape) A person who, by means of assault or intimidation, inserts the genitals into the inside of another person's body such as the mouth or anus (excluding the genitals), or inserts part of the body such as a finger (excluding the genitals) or an instrument into the genitals or anus, shall be punished by fixed-term imprisonment of at least two years. Article 301 (...

Other Criminal Law July 24, 2024

False Accusation: Elements and False Accusation in Sex Crimes

What is false accusation? Article 156 of the Korean Criminal Act defines false accusation as follows: Anyone who, with intent to have another person subjected to criminal or disciplinary punishment, files a false report with a public office or public official shall be punished by imprisonment for up to 10 years or a criminal fine of up to KRW 15 million. <Amended on Dec. 29, 1995> When does false accusation become established? The offense is established the moment the false report reaches the investigative authorities. In other words, even if the report is later withdrawn, the offense still stands, and it is established even if no investigation was ever launched. Confession in false accusation cases: Articles 153 and 157 of the Criminal Act govern the treatment of a confession as follows. Where a person who has committed perjury or false accusation confesses or voluntarily surrenders before the trial or disciplinary proceedings concerning the matter stated have become final, the punishment shall be mitigated or remitted. However, in false accusation cases..

Other Criminal Law July 23, 2024

Drunk Driving (DUI): Why You Need a Specialist Attorney

Drunk driving refers to a violation of the ban on driving while intoxicated, as defined in Article 44 of the Korean Road Traffic Act. It applies to motor vehicles (including construction machinery), trams, and bicycles. An intoxicated state means a blood alcohol concentration (BAC) of 0.03 percent or higher. Drunk driving is one of the 12 categories of gross negligence and is a serious crime that endangers not only the driver but also others. Still, even after committing a DUI, it is important to exercise your right to a legal defense, such as by consulting an attorney, and to seek relief appropriate to your situation. DUI penalty standards Person who drove while intoxicated>Blood alcohol concentration Penalty 0.2 percent or higher Imprisonment of 2 to 5 years or a criminal fine of KRW 10 million to 20 million 0.08 percent or higher but under 0.2 percent Imprisonment of 1 to 2 years or a criminal fine of KRW 5 million to 10 million 0.03 percent or hig..

Traffic Accidents July 22, 2024

Company Cars, Personal Use of Corporate Cards, Embezzlement and Breach of Trust

Using a corporate card for personal purposes is a criminal offense. Because the card is issued in the name of the company (the corporation) and is being used for private ends, anyone can be prosecuted regardless of their rank. And if a large amount, rather than a trivial one, is charged to a corporate card, an actual prison sentence may even be handed down. The difference between embezzlement and breach of trust. Many people mistakenly believe that using a corporate card for personal purposes amounts to embezzlement. In reality, however, using a corporate card privately constitutes breach of trust. Both embezzlement and breach of trust cause damage to property and can be understood as acts that betray a position of trust. The two, however, are defined with different subjects and objects. In embezzlement the object is property (a physical thing), whereas in breach of trust the object is a financial benefit. Embezzlement applies where a person entrusted with another's property embezzles it or refus..

Other Criminal Law July 18, 2024

Criminal Penalties for Drunk Driving

Tougher penalties for drunk drivingPenalties for drunk driving have been dramatically strengthened in recent years. As criminal punishment for casualties caused by drunk driving has become far stricter, the likelihood of receiving a prison sentence even from a single accident has increased significantly. The former three-strikes (three-time) system has been changed to a two-strikes (two-time) system, so the chances of an actual prison sentence being handed down even after a second drunk driving offense have risen. This is a powerful measure aimed at lowering the recidivism rate for drunk driving, and it shows that drunk driving is no longer regarded as a mere mistake but as a serious criminal act. The tougher penalty standards reflect the gravity of accidents caused by drunk driving. Drunk driving threatens not only the driver's own life but also the lives and safety of others. While intoxicated, judgment becomes clouded and reaction times slow, increasing the chance of an unexpected accide..

Traffic Accidents July 17, 2024

Penalties for Card Kiting (Kaddeukkang)

Card kiting (kaddeukkang) refers to the illegal practice of converting credit card limits into cash. Typically, it works by using a credit card to generate fake sales, then handing back the remaining amount in cash after deducting a fee. In the process, the cardholder is charged high interest paid in advance or steep fees, and ultimately ends up sinking deeper into debt. Card kiting can take many forms, mainly classified as gift-card kiting, meal kiting, corporate-card kiting, micropayment kiting, mobile-phone kiting, PayPal kiting, transit-card kiting, and more. These operators are set up so that they can offer card kiting services anywhere card payments are accepted. Card kiting is an illegal act strictly prohibited by law, and using it is the same as taking part in illegal activity. It undermines law and order, and..

Other Criminal Law July 15, 2024

Why You Need a Lawyer If You're Suspected of a Drug Offense

On drug testing and punishment: if you test positive in a drug-related test, can you face severe punishment even as a first-time offender? Drug testing is usually carried out through various methods such as urine and hair analysis. Urine offers high precision in determining recent drug use, while hair can reveal drug use from as far back as one year ago. In addition, the precise testing technology used by the government can detect even trace amounts of drug substances. As a result, there is almost no way to hide drug substances in a drug test. Korea follows a zero-tolerance policy toward drug crimes, and even first-time offenders can face strict punishment. In particular, with domestic drug crimes surging in recent years, the investigation and punishment of drug-related offenses have been further strengthened. If you test positive in a drug test, ..

Drug Crimes July 11, 2024

Self-Defense and Illegal Recording

Illegal recording and penalty provisions: Under the Protection of Communications Secrets Act, no one may censor mail, intercept telecommunications, provide communication confirmation data, or record or listen to private conversations between others that are not open to the public, except as provided by this Act, the Criminal Procedure Act, or the Military Court Act. However, exceptions are recognized in certain cases as prescribed by law. Such acts are therefore deemed illegal. A person who, in violation of the law, censors mail, intercepts telecommunications, or records or listens to private conversations between others that are not open to the public, as well as a person who discloses or divulges the contents of such communications or conversations, may be subject to imprisonment of not less than one year and not more than ten years, together with suspension of qualifications for not less than five years. Whether wiretapping is illegal: Secretly recording another person's conversation is illegal. This is called wiretapping, and it includes secretly recording other people's conversations, the contents of meetings, and phone ..

Other Criminal Law July 10, 2024

Why You Should Hire a Criminal Defense Attorney

When facing legal trouble, most people worry about their rights and how they will be treated. Criminal cases in particular are often difficult to handle on your own. In situations like these, hiring a criminal defense attorney is a critically important choice. Legal Knowledge and ExpertiseThe legal knowledge and expertise of a criminal defense attorney play a crucial role in responding effectively to a criminal case. These attorneys have built up deep knowledge and extensive experience in the legal field, which allows them to understand complex legal procedures and rules and to handle the case. First, legal knowledge is one of the essential competencies of a criminal defense attorney. The law is made up of complex and varied rules..

Other Criminal Law July 9, 2024

Criminal Intimidation: Penalties and Elements of the Offense

What is criminal intimidation? Saying something threatening just to scare the other person a little can amount to a crime. In criminal intimidation, a threat generally means communicating harm of a kind serious enough to instill fear in a person. Because criminal intimidation can be established even if you had no intention of actually harming the other person, caution is needed. So in what situations is criminal intimidation made out? Elements of criminal intimidation. Criminal intimidation refers to communicating harm with the aim of instilling fear in the other person. Judged objectively, if it would generally cause a person to feel fear, the offense is established. Harm means a statement relating to the other person's life, liberty, reputation, body, property, and the like, and whether expressly, verbally, or even silently, if there was some form of conduct, criminal intimidation can be established through that communication..

Other Criminal Law July 8, 2024

Suspended Sentence vs. Criminal Fine: Key Differences

What is a suspended sentence? A suspended sentence (probation) is a system that postpones the execution of a sentence for a set period; if that period passes without incident, the sentence loses its effect and is never carried out. It gives the defendant a chance to return to society without serving the sentence. Requirements for a suspended sentence A suspended sentence postpones the execution of a sentence when certain conditions are met, and it applies when, after weighing legal and social factors, the court concludes the defendant is unlikely to reoffend. It may be considered only where the court imposes imprisonment or imprisonment without labor of up to three years, or a criminal fine of up to KRW 5 million. The court must also weigh the sentencing factors set out in Article 51 of the Korean Criminal Act, which include the defendant's age, conduct, intelligence and environment, relationship with the victim, the motive, means, and result of the offense, and the circumstances afterward..

Other Criminal Law July 4, 2024