Joint bodily injury: what is the statutory penalty?

Legal basis: Punishment of Violences, etc. Act, Article 2(2)(3); Criminal Act, Article 257(1). Statutory penalty: Up to 10 years 6 months in prison, suspension of qualifications for up to 15 years, or a fine of up to KRW 15 million (the Criminal Act penalty for bodily injury increased by up to 1/2).

Joint 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. Enter your circumstances in the calculator above to see which one applies.

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Joint bodily injury: statutory penalty and likely requested sentence

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

Statutory penalty: Up to 10 years 6 months in prison, suspension of qualifications for up to 15 years, or a fine of up to KRW 15 million (the Criminal Act penalty for bodily injury increased by up to 1/2)
Legal basis: Punishment of Violences, etc. Act, Article 2(2)(3); Criminal Act, Article 257(1)
Category: Violence · Punishment of Violences, etc. Act

Calculate with your own circumstances

Length of the injury diagnosis

The treatment period written on the medical certificate.

weeks

Cause of the fight

The other person was more to blameBoth sides were to blameThe other person was not to blame

Prior violence convictions

Records of punishment for assault, injury, intimidation, trespass, property damage, etc.

NoneYes (but neither of the two cases below)2 or more fines or heavier within the last 3 years2 or more within the last 3 years, including a suspended sentence or heavier

Settlement with the victim

SettledNot settled

Answer all 4 questions and the estimate appears right away. (0/4)

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
4 months to 1 year 6 months in prison
If the diagnosis is 6 weeks or more with no settlement, or 8 weeks or more with a prior violence conviction, investigation in detention is considered.
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, a formal trial is the rule.
Summary fine
Likely fine
From KRW 2 million (higher depending on the circumstances)
KRW 1 million is added for each week beyond 2 weeks.
Summary fine
Likely fine
From KRW 1 million (higher depending on the circumstances)
KRW 500,000 is added for each week beyond 2 weeks.
Summary fine
Likely fine
From KRW 500,000 (higher depending on the circumstances)
KRW 300,000 is added for each week beyond 2 weeks.

Notes

A settlement may reduce it; a prior conviction of the same type within 1 year or a vulnerable victim makes it heavier.
If a vulnerable person was injured for 4 weeks or more by a drunk offender for no reason, detention is considered even for a first offense or after a settlement.
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

Joint bodily injury: what is the statutory penalty?: Legal basis: Punishment of Violences, etc. Act, Article 2(2)(3); Criminal Act, Article 257(1). Statutory penalty: Up to 10 years 6 months in prison, suspension of qualifications for up to 15 years, or a fine of up to KRW 15 million (the Criminal Act penalty for bodily injury increased by up to 1/2).
Joint 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. 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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