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Criminal Defense Lawyer Stories

Criminal law insights from a defense attorney — traffic accidents, drug crimes, juvenile crimes and more

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Preparation of False Official Documents: Elements, Object, Use, and Status

What is the offense of preparing false official documents? This offense is set out in Article 227 of the Korean Criminal Act. Article 227 (Preparation, etc. of False Official Documents): A public official who, with intent to use, falsely prepares or alters a document or drawing relating to his/her duties shall be punished by imprisonment for not more than 7 years or by a criminal fine not exceeding KRW 20 million. Elements of the offense of preparing false official documents are as follows: the perpetrator must have the status of a public official; there must be an intent to use; and a document or drawing relating to his/her duties must be falsely prepared or altered. Here, alteration means falsely changing the contents of a document that was properly prepared. As for a document relating to one's duties, the offense of preparing false official documents refers to a document that a public official prepares within the scope of his/her official authority. Here, it does not matter whether the document is external or internal, and the official authority does not require a statutory basis..

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Violation of Privacy (Violation of Secrecy): Elements, Targets, and Complaint Requirement

What is a violation of privacy? A violation of privacy means that various pieces of information related to an individual are exposed to or misused by others. Under the Criminal Act, a violation of privacy is regulated under the name violation of secrecy in Article 316. Violation of secrecy: According to Article 316 of the Criminal Act, the offense reads as follows. Article 316 (Violation of Secrecy) (1) A person who opens a sealed or otherwise secretly secured letter, document, or drawing belonging to another shall be punished by imprisonment for not more than three years, imprisonment without labor, or a criminal fine not exceeding KRW 5 million. <Amended on Dec. 29, 1995> The elements of a violation of privacy (violation of secrecy) are: 1. A sealed or otherwise secretly secured letter, document ..

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Sexual Molestation Law, Elements of the Offense, and Security Measures

What is sexual molestation? Sexual molestation refers to an act of unilaterally seeking sexual gratification by making physical bodily contact, thereby causing the other person to feel sexual shame or disgust. Laws related to sexual molestation include indecent assault under the Criminal Act and indecent acts under the Act on Special Cases Concerning the Punishment of Sexual Crimes. Article 298 of the Korean Criminal Act (Indecent Assault): A person who commits an indecent act on another by means of violence or intimidation shall be punished by imprisonment for not more than 10 years or by a criminal fine not exceeding KRW 15 million. Article 10 of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Indecent Act by Abuse of Authority, etc.): (1) A person who commits an indecent act, by deception or by abuse of authority, on a person who is under his or her protection or supervision by reason of work, employment, or any other relationship shall be punished by imprisonment for not more than 3 years or by a criminal fine not exceeding KRW 15 million. Article 11 (Indecent Act in Crowded Place): A person who commits an indecent act on another in a crowded place such as public transportation, a performance or assembly venue, or any other place where the general public gathers..

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Suspended Indictment - Effects, Re-Indictment, How to Obtain One, and How to Respond

What is a suspended indictment? A suspended indictment is a disposition in which a prosecutor decides not to bring charges even though indictment would be possible, on the grounds that prosecution is deemed unnecessary. It is one of the prosecutor's non-prosecution dispositions, and under Article 246 of the Korean Criminal Procedure Act, if the prosecutor does not bring charges the case does not proceed to trial and is closed. In other words, a suspended indictment can be described as leniency granted by the prosecutor to the suspect. Basis for a suspended indictment: A suspended indictment is possible under the principle of prosecutorial discretion in Article 247 of the Korean Criminal Procedure Act. Article 247 (Principle of Prosecutorial Discretion): The prosecutor may decline to bring charges, taking into account the matters set out in Article 51 of the Criminal Act. Article 51 reads as follows. Article 51 (Conditions for Sentencing): In determining a punishment, the following matters shall be taken into account. 1. The offender's age, character and conduct, intelligence and environment 2. The relationship..

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Facing Unfair Dismissal? Seek Advice From an Attorney

If you have been unfairly dismissed: most people work and earn a salary to make a living. Because this is tied to one's livelihood, the workplace is an extremely important part of life. So what should you do if you are suddenly handed a recommendation to resign or a notice of dismissal? In these situations, even those who believe the dismissal is unjust and want to take legal action for unfair dismissal often fail to do so because they have no idea where to start. For those facing these difficulties and worries, you can seek advice from a legal representative experienced in civil matters. What is unfair dismissal? Dismissal means an employer unilaterally terminating an employment contract regardless of the worker's wishes. Because dismissal can have a major impact on the livelihood of the worker and their family, the Labor Standards Act requires that there be a justifiable reason..

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Deepfake Punishment, Viewing Penalties, and Elements of the Offense

What is a deepfake? A deepfake is a human image synthesis technique that uses deep learning, a branch of machine learning. Put simply, it is a technology that combines photos of real people to create edited video content. As deepfake technology has advanced, even ordinary people who are not experts can easily use it to create content, and this has led to problems such as combining it with nude photos to produce and distribute obscene material, or using it for scams like phishing. This post focuses on crimes such as creating and circulating fake obscene material. Deepfake crimes Deepfake crimes have long targeted celebrities. Recently, however, the issue drew even more attention after Telegram deepfake sex crimes revealed large-scale offenses not only at more than 100 universities but also at middle and high schools and within the military..

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Indecent Assault: Elements, Penalties, Aggravated Punishment, Security Measures, and Settlement

Indecent assault is defined under Article 298 of the Korean Criminal Act. Article 298 (Indecent Assault): A person who commits an indecent act on another through violence or intimidation shall be punished by imprisonment for not more than 10 years or by a criminal fine not exceeding KRW 15 million. Elements of Indecent Assault: The offense requires the use of violence or intimidation, and the commission of an indecent act on a person. Violence or Intimidation in Indecent Assault: The violence or intimidation does not need to be so forceful as to make resistance by the other party difficult; it suffices that unlawful physical force is exercised against the other party's body (violence), or that harm capable of generally instilling fear in the other party is communicated (intimidation). (Supreme Court en banc Decision 2018Do13877, Sept. 21, 2023) Indecent Act in Indecent Assault..

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Requirements for Special Bodily Injury, Dangerous Objects, Special Assault, and Bodily Injury

Bodily injury is defined under Articles 257 and 258 of the Korean Criminal Act. Article 257 (Bodily Injury, Bodily Injury on Lineal Ascendant) (1) A person who inflicts bodily injury on another shall be punished by imprisonment for not more than seven years, suspension of qualifications for not more than ten years, or a criminal fine not exceeding KRW 10 million. Amended Dec. 29, 1995.> (2) A person who commits the offense under paragraph (1) against his/her own or his/her spouse's lineal ascendant shall be punished by imprisonment for not more than ten years or a criminal fine not exceeding KRW 15 million. Amended Dec. 29, 1995.> (3) An attempt to commit the offenses under the preceding two paragraphs shall be punished. Article 258 (Aggravated Bodily Injury, Aggravated Bodily Injury on Lineal Ascendant) (1) A person who inflicts bodily injury on another and thereby endangers his/her life shall be punished by imprisonment for not less than one year but not more than ten years. (2) A person who, by inflicting bodily injury, causes another to suffer disability or an incurable or hard-to-cure illness ..

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