Calculators & Self-ChecksProsecution Request Estimator

Bodily injury: statutory penalty and likely requested sentence

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

Statutory penalty
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
Criminal Act, Article 257(1)
Category
Violence

Calculate with your own circumstances

The treatment period written on the medical certificate (e.g. 'needs ○ weeks of treatment').

weeks
Did you settle with the victim?
Who was more to blame for the fight?
Prior violence convictions (fine or heavier)

The number of times you received a fine or a heavier sentence for a violent crime such as injury, assault, intimidation or property damage. A suspension of indictment does not count.

Was it done while drunk and for no particular reason against a vulnerable person, such as an elderly person, a child, a woman or a person with a disability?
Answer all 5 questions and the estimate appears right away. (0/5)

What the handling steps mean

  1. 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
  2. Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
  3. Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
  4. 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
  5. 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.

  1. Detention considered

    Likely requested sentence
    4 months to 1 year 6 months in prison

    If the diagnosis is 8 weeks or more and there is no settlement, if there are many prior violence convictions, or if a vulnerable person suffered an injury of 4 weeks or more, investigation in detention may be considered.

  2. Formal trial (prison sentence requested)

    Likely requested sentence
    4 months to 1 year 6 months in prison

    If the diagnosis is 4 weeks or more with no settlement, or 8 weeks or more, the case usually goes to a formal trial rather than ending with a fine. A settlement may lighten the outcome, for example to a suspended sentence.

  3. Summary fine

    Likely fine
    From KRW 2 million (higher depending on the circumstances)

    If the victim was hardly to blame, the usual practice is a base fine of KRW 2 million plus KRW 1 million for each week beyond 2 weeks. A settlement may reduce it.

  4. Summary fine

    Likely fine
    From KRW 1 million (higher depending on the circumstances)

    If both sides were about equally to blame, the usual practice is a base fine of KRW 1 million plus KRW 500,000 for each week beyond 2 weeks. A settlement may reduce it.

  5. Summary fine

    Likely fine
    From KRW 500,000 (higher depending on the circumstances)

    If the victim was more to blame, the usual practice is a base fine of KRW 500,000 plus KRW 300,000 for each week beyond 2 weeks.

  6. Suspension of indictment possible

    If the victim was more to blame and the injury of 2 weeks or less came from a minor quarrel, a fine below KRW 500,000 or a suspension of indictment is also possible.

Notes

  • The fine becomes heavier if a weapon was used, if the victim was a vulnerable person, or if there is a prior violence conviction within 1 year.
  • If an unexpectedly serious injury resulted, the amount is set separately instead of using the per-week calculation.
  • If you only defended yourself after the other person attacked first, it may count as self-defense and not be punished.

Frequently asked questions

Bodily injury: what is the statutory penalty?
Legal basis: Criminal Act, Article 257(1). Statutory penalty: Up to 7 years in prison, suspension of qualifications for up to 10 years, or a fine of up to KRW 10 million.
Bodily injury: 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

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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