Calculators & Self-ChecksProsecution Request Estimator
Perjury: statutory penalty and likely requested sentence
The statutory penalty for Perjury and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 5 years in prison or a fine of up to KRW 10 million
- Legal basis
- Criminal Act, Article 152(1)
- Category
- Public duties
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
- 6 months to 1 year 6 months in prison
With a prior conviction of the same type, testimony given for payment, or false testimony that greatly affected the trial, investigation in detention may be considered.
Formal trial (prison sentence requested)
- Likely requested sentence
- 6 months to 1 year 6 months in prison
Summary fine
- Likely fine
- KRW 1 million or more
If it had little effect on the outcome of the trial and you confessed, it is usually handled with a fine.
Notes
- Confessing before the judgment becomes final reduces or waives the penalty.
Frequently asked questions
- Perjury: what is the statutory penalty?
- Legal basis: Criminal Act, Article 152(1). Statutory penalty: Up to 5 years in prison or a fine of up to KRW 10 million.
- Perjury: 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
- Fraudulent passport issuance (false statements, etc.)
- Using another person's passport, or transferring or lending a passport
- Receiving or borrowing another person's passport
- Obstruction of the performance of official duties
- Special obstruction of official duties, etc.
- False accusation
- Harboring a criminal (helping a criminal escape)
- Obstruction of official duties by deception
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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