Domestic violence: what is the statutory penalty?

Legal basis: Act on Special Cases Concerning the Punishment of Domestic Violence Crimes (assault, bodily injury, intimidation, etc. under the Criminal Act). Statutory penalty: Follows the statutory penalty of the underlying crime (e.g. assault: up to 2 years in prison or a fine of up to KRW 5 million; bodily injury: up to 7 years in prison, suspension of qualifications for up to 10 years, or a fine of up to KRW 10 million).

Domestic violence: how is the case usually handled?

Depending on the circumstances, it may be handled as follows: Detention considered, Suspension of indictment possible, Referral to the Family Court possible. Enter your circumstances in the calculator above to see which one applies.

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Domestic violence: statutory penalty and likely requested sentence

The statutory penalty for Domestic violence and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty: Follows the statutory penalty of the underlying crime (e.g. assault: up to 2 years in prison or a fine of up to KRW 5 million; bodily injury: up to 7 years in prison, suspension of qualifications for up to 10 years, or a fine of up to KRW 10 million)
Legal basis: Act on Special Cases Concerning the Punishment of Domestic Violence Crimes (assault, bodily injury, intimidation, etc. under the Criminal Act)
Category: Violence · Act on Special Cases Concerning the Punishment of Domestic Violence Crimes

Calculate with your own circumstances

Was a weapon or dangerous object held, or was it habitual?

NoYes

Domestic violence history within the last 3 years

Also count cases that ended without punishment (suspension of indictment, referral as a domestic protection case, or ended because the victim did not want punishment).

times

How serious was the harm?

MinorSerious enough to break up the family, or a high risk of further harm

Do you agree to receive counseling or education?

Do not agreeAgree

Does the victim want to keep the family together and not want punishment?

NoYes

Answer all 5 questions and the estimate appears right away. (0/5)

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
With a weapon or habitual violence, 2 or more incidents within the last 3 years, or a risk of serious harm, investigation in detention is considered as a rule.
Suspension of indictment possible
If the case is not serious and you agree to counseling or education, a suspension of indictment on the condition of counseling or education is considered first.
Referral to the Family Court possible
Taking into account how it happened and the victim's wishes, sending the case as a domestic protection case (protective disposition by the Family Court) is actively considered. If the harm is serious or the victim wants punishment, it may go to an ordinary criminal trial.

Notes

Even if the victim does not want punishment, the case may be sent as a domestic protection case if there is a risk of repeat offending.
If the victim wants to keep the family together and a fine would burden the household, avoiding a fine is considered.
Detention requires a legal ground such as a risk of fleeing or destroying evidence, so many cases proceed without detention even when they meet this standard.

Frequently asked questions

Domestic violence: what is the statutory penalty?: Legal basis: Act on Special Cases Concerning the Punishment of Domestic Violence Crimes (assault, bodily injury, intimidation, etc. under the Criminal Act). Statutory penalty: Follows the statutory penalty of the underlying crime (e.g. assault: up to 2 years in prison or a fine of up to KRW 5 million; bodily injury: up to 7 years in prison, suspension of qualifications for up to 10 years, or a fine of up to KRW 10 million).
Domestic violence: how is the case usually handled?: Depending on the circumstances, it may be handled as follows: Detention considered, Suspension of indictment possible, Referral to the Family Court possible. Enter your circumstances in the calculator above to see which one applies.

Other crimes in the same category

See the full list of crimes

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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