Assault, Injury and Threats

Assault (폭행) means the use of physical force against a person's body, so pushing or throwing things without hitting can also count. Injury (상해) requires a result in which the person's physical health has worsened. A medical certificate does not automatically make it injury, and a minor wound that would heal on its own is sometimes not recognized as injury.

We check whether the certificate was issued several days after the incident, whether the diagnosis fits what happened, and whether there are actual treatment records. Whether the charge is framed as assault or injury completely changes the effect of a settlement.

An act to protect yourself or others from a present unjust attack is not punished if there is a reasonable ground for it (Criminal Act Article 21). However, if both sides fought intending to attack each other, the fact that you were hit first is usually not enough for self-defense (정당방위) to be recognized.

The factors are whether you were acting to defend yourself, whether you went beyond what was needed to block, and whether there was another way to avoid it. Even if you went too far, it may not be punished if it was out of fear or panic at night or in an unsettling situation (paragraph 3 of the same Article). So we break the CCTV footage down scene by scene: the order of events, who laid hands first and how many times blows were exchanged.

Even if it is not a weapon, any object that can make the other person feel endangered depending on how it is used is treated as a dangerous object. Bottles, chairs, umbrellas and sometimes even cars can count. If you are found to have carried a dangerous object, it becomes special assault or special injury, and the rule that the case ends if the victim does not want punishment no longer applies.

Special injury has no fine option, so if you are indicted, the sentence is set within the range of imprisonment. How the object was actually used and whether the situation would make the other person feel endangered can be disputed, so we quickly secure footage from the scene and witness statements.

For simple assault and threats, once the victim states they do not want punishment, prosecution cannot be brought and the case ends. This can be done until the first-instance judgment is pronounced, and once given, it cannot be taken back to seek punishment again (Criminal Procedure Act (형사소송법) Article 232(3)).

Injury, special assault and similar crimes can be punished even after a settlement, but it weighs heavily in the decision and sentence. If the victim refuses to settle or their contact details are unknown, we consider a criminal deposit (형사공탁) at the trial stage (Deposit Act Article 5-2). Check that the settlement agreement includes, along with the amount, a statement that the victim does not want punishment (처벌불원).

Threats are committed by announcing harm that would frighten the other person, regardless of whether you actually intended to carry it out. Even a message sent in anger can lead to a complaint for threats depending on its content and the surrounding conversation.

On the other hand, if it was a passing expression of emotion, or the conversation as a whole shows it was not an announcement of harm, it may not be a threat. Don't look only at the message in question; save the entire conversation before and after it with screenshots or a backup.