Calculators & Self-ChecksProsecution Request Estimator
Defamation (stating facts): statutory penalty and likely requested sentence
The statutory penalty for Defamation (stating facts) 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 or imprisonment without labor, or a fine of up to KRW 5 million
- Legal basis
- Criminal Act, Article 307(1)
- Category
- Reputation
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.
Formal trial (prison sentence requested)
- Likely requested sentence
- 6 months or more in prison
If the content or how widely it spread is not minor, a formal trial is the rule.
Summary fine
- Likely fine
- KRW 700,000 or more
Suspension of indictment possible
This crime 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.
Notes
- If posted on the internet or social media, a different law (the Information and Communications Network Act) applies and the punishment is heavier.
- If true facts were stated solely for the public interest, it may not be punished.
Frequently asked questions
- Defamation (stating facts): what is the statutory penalty?
- Legal basis: Criminal Act, Article 307(1). Statutory penalty: Up to 2 years in prison or imprisonment without labor, or a fine of up to KRW 5 million.
- Defamation (stating facts): how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: 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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