You may need a consultation if
- You threw the phone in your hand during an argument, and you were told to come in for questioning for special assault
- You only picked up a beer bottle at a drinking session and put it back down, but it became special assault
- You are accused of special injury for pushing someone with your car
- An argument broke out while you were with friends, and you were accused of several people beating someone
- You settled with the victim, but you were told the case is not over
Relevant Laws
Criminal Act (형법) Article 261 (Special Assault)
Assault or assault on a lineal ascendant committed by displaying the force of a group or crowd or while carrying a dangerous object is punished by up to 5 years' imprisonment or a fine of up to KRW 10 million. Unlike simple assault, it can be punished regardless of the victim's wishes.
Criminal Act Article 258-2 (Special Injury)
Injury or injury to a lineal ascendant committed in the same way is punished by 1 to 10 years' imprisonment, and if it results in serious injury, by 2 to 20 years' imprisonment. There is no fine option, and attempts are also punished.
Punishment of Violences, etc. Act (폭력행위 등 처벌에 관한 법률) Article 2(2) and (4)
If two or more people jointly commit assault, threats, injury or similar crimes, the penalty set in the Criminal Act is increased by up to one half. The rule that prosecution cannot be brought if the victim does not want punishment does not apply to joint assault or joint threats.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
A dangerous object is defined by how it was used, not by what it is
Courts decide by asking whether, by common social standards, using the object could make the other person or a third party feel their life or body was in danger. In a case where a driver, after a road rage argument, reversed 4 to 5 meters and hit the other car, the Supreme Court treated the car as a dangerous object (Supreme Court Decision 2010도10256, November 11, 2010).
Even the same phone or umbrella is assessed differently depending on how far it was thrown, where it hit and whether the other person could have avoided it. So we check scene by scene what you were holding and whether you actually hit or threatened someone with it.
A settlement doesn't end it, but a change of charge changes things
Special assault, special injury and joint assault can be punished even with a statement of no wish to punish (처벌불원서). However, a settlement and making up for the harm weigh heavily in whether you are indicted and on the sentence, so it is better to plan the timing and method in advance.
If a dangerous object is not established during the investigation, the charge may be reframed as simple assault, and then the victim's wish not to punish can end the case. This is why you shouldn't simply accept the charge you were first booked under, but dispute the object and the circumstances first.
Special injury has no fine option
Special injury carries only imprisonment, so it cannot end with a summary order (약식명령), and if indicted you face a formal trial. A suspended sentence (집행유예) is possible only when the sentence is 3 years' imprisonment or less, so materials on making up for the harm and remorse need to be ready before trial.
In cases where several people were present, what each person did is assessed separately. If even people who tried to stop the fight or just watched were lumped in for joint assault, the extent of each person's involvement must be distinguished using footage from the scene.
Factors That Affect the Outcome and Sentence
Factors that work against you
- · Actually swung a weapon or aimed at vital areas such as the head or face
- · Several people surrounded and beat one person
- · Deep wounds or a long treatment period
- · A record of violent crimes, or an offense as a repeat offender or during a suspended sentence period
Factors that work in your favor
- · Only held the object and did not use it
- · The other person attacked or provoked first
- · A settlement with the victim and payment of medical costs
- · A criminal deposit when a settlement is not possible
How Jisan Law's Criminal Law Center Responds
- 1
Consultation with the managing partner
In the consultation, we first sort out which object is at issue and whether there is room to argue it was simple assault.
- 2
Securing footage and materials from the scene
We first secure shop CCTV, dashcam footage and witnesses' contact details, and record photos and the size of the object in question.
- 3
Mock questioning and sitting in
We practice in advance for questions about why you were holding the object and your movements, and go into the questioning with you.
- 4
Submitting a written opinion
We submit a written opinion disputing whether it was a dangerous object and whether there was joint involvement.
- 5
Restitution and sentencing materials
We prepare a settlement or criminal deposit (형사공탁), petitions and records of medical costs before trial.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
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Frequently asked questions
I was only holding the object and didn't swing it. Is it still special assault?
The provision punishes assault while carrying a dangerous object, so it is not required that you hit someone with it. However, the judgment depends on whether the situation would make the other person feel endangered by the object and how it related to the assault. Write down specifically the distance at the time, where your hands were and why you were holding it.
If I'm indicted for special injury, is it hard to avoid prison?
There is no fine option, but a suspended prison sentence can still be imposed. The degree of harm, whether there was a settlement, your criminal record and how it happened are the factors, and if a settlement is difficult, we also consider a criminal deposit.
The police said it was special assault. Can that change later?
The charge is reassessed based on the evidence by the prosecutor after referral and by the court after indictment. If a dangerous object is not established, it can change to assault, so you need to state that part accurately from the questioning stage.