Calculators & Self-ChecksProsecution Request Estimator
Forming or taking part in a criminal organization: statutory penalty and likely requested sentence
The statutory penalty for Forming or taking part in a criminal organization and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Leader: death penalty, life imprisonment, or 10 years or more in prison / Officer: life imprisonment or 7 years or more in prison / Others: 2 years or more in prison for a fixed term
- Legal basis
- Punishment of Violences, etc. Act, Article 4(1)
- Category
- Violence · Punishment of Violences, etc. Act
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
- 15 years or more in prison
Detention considered
- Likely requested sentence
- 10 years or more in prison
Detention considered
- Likely requested sentence
- 3 years or more in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 3 years or more in prison
A member with minor involvement may be investigated without detention.
Notes
- There is no fine for this crime, so if you are indicted you will face a formal trial.
Frequently asked questions
- Forming or taking part in a criminal organization: what is the statutory penalty?
- Legal basis: Punishment of Violences, etc. Act, Article 4(1). Statutory penalty: Leader: death penalty, life imprisonment, or 10 years or more in prison / Officer: life imprisonment or 7 years or more in prison / Others: 2 years or more in prison for a fixed term.
- Forming or taking part in a criminal organization: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested). 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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