Assault ends with a settlement, so why is bodily injury different?

A quarrel over drinks that ends with some shoving and a punch or two. In consultations like this, the first thing we ask is whether the other person submitted a medical certificate. That single piece of paper often decides which path the case will take.

Assault and bodily injury: settlement has different effects

Simple assault is punishable by imprisonment for up to 2 years, a fine of up to 5 million won, detention or a petty fine, and if the victim states that they do not want the offender punished, an indictment cannot be filed (Article 260 of the Criminal Act). Intimidation has the same structure. This means that if a settlement is reached, there is no punishment at all.

Bodily injury carries a heavier statutory penalty of imprisonment for up to 7 years, suspension of qualifications for up to 10 years or a fine of up to 10 million won, and it can be punished even if the victim does not want punishment (Article 257 of the Criminal Act). A settlement weighs heavily in the disposition and sentence, but it does not end the case.

A medical certificate does not automatically make it bodily injury

Assault is the use of physical force against a person's body, so pushing someone or throwing an object can also count. Bodily injury goes further and requires a result in which the person's health has deteriorated. If the wound is minor enough to heal on its own, bodily injury is sometimes not recognized even with a medical certificate.

So we check how many days after the incident the certificate was issued, whether the diagnosis matches what happened, and whether there are records of actual treatment. If the charge is settled as assault, the weight of the case changes completely.

If you were hit first, is it self-defense?

An act to protect oneself or another from a present and unjust infringement is not punished if there is a reasonable ground (Article 21 of the Criminal Act). However, if both sides fought with the intention of attacking each other, it is difficult to have self-defense recognized merely because you were hit first. The court looks at whether it was an act of defense, whether it went beyond what was needed to block the attack, and whether there was another way to avoid it.

So we break down the sequence captured on CCTV scene by scene and set out who laid hands first and how many blows were exchanged. There is also a provision that even an act that went too far may not be punished if it was due to fear or panic at night or in another unsettling situation (paragraph 3 of the same article).

A statement of non-desire for punishment has a deadline and required wording

A statement that the victim does not want the offender punished can be made until the first-instance judgment is pronounced, and once made, it cannot be reversed by saying they want punishment after all (Article 232 of the Criminal Procedure Act). Over time, the victim may change their mind, so there is little reason to delay a settlement.

If only settlement money changes hands and the wording on non-desire for punishment is left out, even a simple assault case goes ahead. You should check that the settlement agreement includes a sentence stating that the victim does not want punishment, and that the document has actually been submitted to the investigating authority or the court.

If the other side demands an unreasonable amount, remember that you are not obliged to settle. You can propose a reasonable range based on the extent of the injury and the medical costs, and if no settlement is reached in the end, you can show your intention to compensate the victim through a criminal deposit (형사공탁). If punches were exchanged on both sides, you should also document your own injuries and the circumstances of your defense so you can respond if the case leans toward mutual assault.