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Bodily injury causing death (including of a lineal ascendant): statutory penalty and likely requested sentence

The statutory penalty for Bodily injury causing death (including of a lineal ascendant) and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty
Bodily injury causing death: 3 years or more in prison for a fixed term / Bodily injury causing the death of a lineal ascendant: life imprisonment or 5 years or more in prison
Legal basis
Criminal Act, Article 259
Category
Violence

Calculate with your own circumstances

Likely handling

Detention considered

Handling standard
Detention as a rule

This is a serious crime for which investigation in detention is, as a rule, considered.

Statutory penalty

Bodily injury causing death: 3 years or more in prison for a fixed term / Bodily injury causing the death of a lineal ascendant: life imprisonment or 5 years or more in prison

Criminal Act, Article 259

  • There is no fine for this crime, so if you are indicted you will face a formal trial.

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 and the judgment of the prosecutor in charge. The final sentence is decided by the court.

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

    Handling standard
    Detention as a rule

    This is a serious crime for which investigation in detention is, as a rule, considered.

Notes

  • There is no fine for this crime, so if you are indicted you will face a formal trial.

Frequently asked questions

Bodily injury causing death (including of a lineal ascendant): what is the statutory penalty?
Legal basis: Criminal Act, Article 259. Statutory penalty: Bodily injury causing death: 3 years or more in prison for a fixed term / Bodily injury causing the death of a lineal ascendant: life imprisonment or 5 years or more in prison.
Bodily injury causing death (including of a lineal ascendant): how is the case usually handled?
Depending on the circumstances, it may be handled as follows: Detention considered. 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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