Other Criminal Law

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

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

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

Penalties for Involvement in Voice Phishing - Cash Collectors and Lending Bank Accounts

Voice phishing scams are punished severely not only for those who run the operation, but also for minor participants such as cash collectors and people who lend out their bank accounts. This article summarizes the applicable laws—including fraud, the Telecommunications Fraud Refund Act, and the Electronic Financial Transactions Act—and the trend in case law on finding criminal intent.

Other Criminal Law May 28, 2024