Criminal Defense Lawyer Stories
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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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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cannot be filed once six months have passed from the day the offender becomes known, and a complaint cannot be withdrawn after the first-instance judgment has been pronounced.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

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

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

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

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

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

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

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