Calculators & Self-ChecksProsecution Request Estimator
Assault: statutory penalty and likely requested sentence
The statutory penalty for Assault and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 2 years in prison, a fine of up to KRW 5 million, short-term detention, or a petty fine
- Legal basis
- Criminal Act, Article 260(1)
- Category
- Violence
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
- Likely requested sentence
- 2 months to 10 months in prison
If you have 2 or more violence convictions within the last 3 years, including a suspended sentence or heavier, investigation in detention is in practice treated almost as the rule when you use violence again.
Formal trial (prison sentence requested)
- Likely requested sentence
- 2 months to 10 months in prison
With several prior violence convictions (2 or more within 3 years, or 4 or more within 10 years), the usual handling standard is to send the case to a formal trial instead of ending it with a fine.
Summary fine
- Likely fine
- KRW 3 million or more
Summary fine
- Likely fine
- KRW 2 million or more
Summary fine
- Likely fine
- KRW 1 million or more
Summary fine
- Likely fine
- KRW 500,000 or more
Suspension of indictment possible
Assault cannot be punished if the victim does not want punishment (an offense not punishable against the victim's wishes), so a settlement ends the case. If the victim was largely to blame and the assault was minor, a suspension of indictment or a small fine is also possible.
Notes
- If the offense is serious, such as entering someone's home and hitting them, it may go to a formal trial.
- The fine increases if a dangerous object was used, if the victim was a vulnerable person, or if there is a prior violence conviction within 1 year.
Frequently asked questions
- Assault: what is the statutory penalty?
- Legal basis: Criminal Act, Article 260(1). Statutory penalty: Up to 2 years in prison, a fine of up to KRW 5 million, short-term detention, or a petty fine.
- Assault: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine, Suspension of indictment possible. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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