The same quarrel can lead to very different charges depending on the result and the object used

Assault, Injury & Threats Matters We Handle

1. Assault and Bodily Injury — Review of the injury and causationAssault is the use of physical force against a person's body, and bodily injury is where the result goes further and impairs physiological function. The main issues are the content of the medical certificate, the actual degree of the injury, and the causal link between the assault and the injury.Review of medical certificates and treatment records · Securing CCTV and footage of the scene · Distinguishing assault causing injury from bodily injury · Restitution and settlement · Preparing for suspect questioning
2. Special Assault, Special Injury and Special Threats — Whether a dangerous object or the force of a group was involvedDisplaying the force of an organization or a crowd, or carrying a dangerous object, makes the act a special crime, and the statutory penalty rises sharply. Special bodily injury carries imprisonment for 1 to 10 years with no fine option. Whether the object held counts as a dangerous object, and whether it was actually carried or used, can be disputed.Review of how dangerous the object used was · Confirming how it was carried or used · Review of whether the provision applied is appropriate · Preparing sentencing materials
3. Mutual Fights and Self-Defense — Having been hit first is not enough on its ownIn principle, a fight in which both sides exchanged blows is unlikely to be self-defense, but if it was a passive defense to avoid or block a one-sided attack, the act may not be unlawful. Who attacked first and with what force must be set out concretely through footage and statements.Organizing the sequence of attack and defense · Review of whether self-defense or excessive self-defense applies · Responding to the other party's complaint · Securing witness statements
4. Threats and Assaulting a Driver — Words and messages, and aggravated punishment for assault while drivingA threat is established when a person announces harm to the extent of causing fear in the other person, and it can be made by text or messenger. Assaulting or threatening the driver of a moving vehicle triggers the Act on the Aggravated Punishment of Specific Crimes (the “Specific Crimes Aggravated Punishment Act”, 특정범죄가중법) and is punishable by imprisonment for up to 5 years or a fine of up to KRW 20 million.Checking the original messages and recordings · Review of how specific the announced harm was · Review of whether the vehicle was in operation · Securing a statement that the victim does not want punishment

1. Types of Violent Crimes

Violent crimes are classified by the result, the means, the number of participants and the relationship with the victim.

• Assault: The use of physical force against a person's body. Pushing, grabbing someone by the collar, or throwing objects may qualify.
• Bodily injury: Causing an impairment of the body's physiological function. If a person intended only to assault but an injury resulted, it is assault causing injury (Article 262 of the Criminal Act), punished in the same way as bodily injury.
• Threats: Announcing harm to a person. This can include not only saying it directly but also sending it by text, messenger or through a third party.
• Special crimes: Assault, bodily injury or threats committed while displaying the force of an organization or crowd or carrying a dangerous object. Not only weapons but also everyday objects may be treated as dangerous objects depending on how they are used.
• Crimes against lineal ascendants: If the victim is a lineal ascendant of the offender or the offender's spouse, the penalty is aggravated under paragraph 2 of each provision.

2. Penalties

If a person who has been sentenced to imprisonment two or more times for violations of the Punishment of Violences, etc. Act commits the same type of crime again and is punished as a repeat offender, a separate aggravated statutory penalty applies (Article 2(3) of the same Act).

3. Investigation and Trial Procedures

1. Report and response at the scene: Police dispatched after a 112 emergency call separate the parties and hear their statements. Sometimes a person is arrested as a person caught in the act.
2. Securing evidence: Investigative agencies collect CCTV, dashcam and mobile phone footage and medical certificates. CCTV is often kept only for a short time, so the parties should also request that it be secured quickly.
3. Questioning by judicial police officers: During suspect questioning, the right to remain silent and the right to have counsel present are guaranteed (Articles 244-3 and 243-2 of the Criminal Procedure Act).
4. Referral or non-referral: If the officer finds the charge supported, the case is referred to the prosecutor; otherwise, the officer sends the prosecutor a written statement of reasons for non-referral and the file (Article 245-5). For offenses that cannot be prosecuted against the victim's wishes, once it is confirmed that the victim does not want punishment, the case is closed with no right of prosecution.
5. Charges and trial: Even after charges are filed, for these offenses the court dismisses the prosecution if the victim states before the first-instance judgment that he or she does not want punishment (Article 232(3) and Article 327(7)).

4. Practical Issues and How to Respond

• Effect of settlement: For assault and threats, the case can end if the settlement agreement includes a statement that the victim does not want punishment, but for bodily injury, special assault and joint assault, punishment itself remains possible even after settlement, and the settlement is considered a favorable factor in sentencing.
• Clarity of the victim's statement: Case law holds that a statement that the victim does not want punishment must be expressed clearly and in a reliable manner. The wording of the settlement agreement and the timing of its submission should be made clear.
• Mutual fights: A fight in which both sides exchanged attacks is unlikely to be recognized as self-defense. However, if footage or other evidence shows it was a passive defense against a one-sided attack, there is room to dispute it.
• Medical certificate for injury: The number of weeks in the diagnosis alone does not decide whether there was bodily injury. The treatment, its course and the time gap from the incident are reviewed together.
• Whether the object was dangerous: This is judged not only by the nature of the object itself but also by how and in what situation it was used, so how it was actually held and used is important.
• Materials on preventing recurrence: In alcohol-related cases, programs to cut down on drinking and anger management counseling are used as sentencing materials.

Key Court Decisions

Supreme Court Decision 2003Do4934, decided June 25, 2004

The Court held that where an act of harm during a fight is both defensive and offensive in nature, it cannot be regarded as self-defense, and also set out the requirements for recognizing a statement that the victim does not want punishment in offenses that cannot be prosecuted against the victim's wishes.

Supreme Court Decision 2018Do3443, decided July 24, 2018

The Court held that special assault causing injury should, even after the creation of the crime of special bodily injury (Article 258-2 of the Criminal Act), continue to be punished in the same way as under Article 257(1) of the Criminal Act.

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026