CONTENTS
- 1. Bodily Injury | Elements of the Offense
- 2. Bodily Injury | Types
- - Infliction of Bodily Injury on a Lineal Ascendant
- - Serious Bodily Injury
- - Bodily Injury Resulting in Death
- - Special Bodily Injury
- 3. Bodily Injury | Penalty Levels
- - Grounds for Exemption from Punishment
- - Sentencing Factors
- 4. Bodily Injury | If You Are a Suspect?
- - Police Investigation Stage
- - Trial Stage
- 5. Bodily Injury | If You Are a Victim?
- - Criminal Complaint Procedure
- - Claim for a Compensation Order in a Criminal Trial and Civil Proceedings
- 6. Bodily Injury | Response Strategy
1. Bodily Injury | Elements of the Offense
Bodily injury is an offense punishable when a person inflicts injury on the body of another, under Article 257 of the Criminal Act on crimes against the body.
Bodily injury is an act that causes physical harm to a person's body and brings about an impairment of physiological function, including inflicting a cut or wound on another person's body.
In other words, it is committed if, in a situation such as an assault or a fight, a person inflicts a substantial injury on another's body and seriously affects that person's bodily freedom or health.
For example, the following cases may all amount to bodily injury.
▷ Dizziness or vomiting caused by poisoning
▷ The loss of a tooth
▷ The onset of fatigue or lethargy
▷ Laceration of the hymen, infection with a sexually transmitted disease, and the like
2. Bodily Injury | Types
The types of bodily injury are simple infliction of bodily injury, infliction of bodily injury on a lineal ascendant, serious bodily injury, bodily injury resulting in death, and special bodily injury.
Infliction of Bodily Injury on a Lineal Ascendant
Infliction of bodily injury on a lineal ascendant is an offense committed when a person inflicts injury on one's own or one's spouse's lineal ascendant, namely a parent, grandparent, or the like.
Because the victim is a lineal ascendant rather than an ordinary person, it is punished more severely than ordinary infliction of bodily injury.
Serious Bodily Injury
Serious bodily injury is committed when a person inflicts injury on another's body, thereby endangering that person's life or causing a disability, an incurable disease, or a disease difficult to cure.
Because the result is more serious than that of simple infliction of bodily injury, it is also treated more strictly under the law.
Bodily Injury Resulting in Death
Bodily injury resulting in death is an offense committed when the victim dies as a result of an act of bodily injury.
In other words, it applies when there is a causal relationship between the injury and the death, and the perpetrator was in a position to foresee that result.
This is a result-aggravated form of the offense of bodily injury, and it is distinguished from the case of intentionally killing a person.
Special Bodily Injury
Special bodily injury is an offense committed when a group or a multitude exercises its collective force, or when a person inflicts injury while carrying a dangerous object.
Because the danger and threat of the situation are great, it is punished more heavily than ordinary infliction of bodily injury.
3. Bodily Injury | Penalty Levels
The penalty level for bodily injury varies depending on the degree and manner of the harm to the body.
Unlike assault, bodily injury is an offense in which a serious result occurs, so it is not subject to the rule on crimes not punishable against the victim's will.
The detailed penalty levels are as follows.
Criminal Act Article 257 Simple Infliction of Bodily Injury | Imprisonment for not more than 7 years or a fine of not more than 10 million won |
Criminal Act Article 257 Infliction of Bodily Injury on a Lineal Ascendant | Imprisonment for not more than 10 years or a fine of not more than 15 million won |
Criminal Act Article 258 Serious Bodily Injury | Imprisonment for not less than 1 year and not more than 10 years |
Criminal Act Article 258 Serious Bodily Injury to a Lineal Ascendant | Imprisonment for not less than 2 years and not more than 15 years |
Criminal Act Article 259 Bodily Injury Resulting in Death | Imprisonment for a definite term of not less than 3 years |
Criminal Act Article 259 Bodily Injury to a Lineal Ascendant Resulting in Death | Life imprisonment or imprisonment for not less than 5 years |
Criminal Act Article 258-2 Special Bodily Injury | Imprisonment for not less than 1 year and not more than 10 years |
Grounds for Exemption from Punishment
Justifiable Act
An act performed in accordance with statutes or in the course of business, as well as any other act that does not violate social rules, is not punished because its unlawfulness is precluded.
Whether unlawfulness is precluded as a justifiable act must be judged purposively and reasonably according to the specific conduct, and the following requirements must be met for it to be recognized.
② Reasonableness of the means or method of the act
③ Balance of legal interests between the interest protected and the interest infringed
④ Urgency
⑤ Supplementarity, in that there is no other means or method besides that act
Self-Defense
An act performed to defend one's own or another person's legal interest against an unjust infringement is not punished if there is reasonable ground for it.
However, if the defensive act exceeds reasonable limits, the punishment may be mitigated or remitted according to the circumstances.(Criminal Act, Article 21 (2))
In addition, even if the defensive act exceeds reasonable limits, it is not punished if it was performed at night or in another uneasy situation out of fear, surprise, agitation, or panic.
Necessity
An act performed to avoid a present danger to one's own or another person's legal interest is also not punished if there is reasonable ground for it.
If an act performed to avoid the danger exceeds reasonable limits, the punishment may be mitigated or remitted according to the circumstances, and in this case as well, it is not punished if it was performed at night or in an uneasy situation out of fear, surprise, agitation, or panic.(Criminal Act, Article 22 (3)).
Sentencing Factors
The offender's age, character and conduct, intelligence, and environment
The relationship with the victim
The motive, means, and result of the offense
The circumstances after the offense
Voluntary surrender and the like
An amicable settlement and the like
4. Bodily Injury | If You Are a Suspect?
Bodily injury is a commonly occurring offense, but at the same time it is an offense that involves complex interests.
Bodily injury may arise from a simple assault or a fight, but because the punishment varies according to the degree of physical harm, a careful response is needed.
Police Investigation Stage
If you are questioned by the police in a bodily injury case, it is important first to grasp the facts clearly and to give your statement accordingly.
It is advisable to state your position honestly and consistently, while avoiding unnecessary remarks or excessive denial.
If there are follow-up measures that can mitigate the degree of the injury (for example, an attempt to reach a settlement with the victim or the bearing of medical expenses), you should be prepared to prove them.
Trial Stage
As the trial approaches, a concrete and logical defense strategy becomes indispensable.
You should prepare your statement carefully so that you can explain the situation at the time of the incident and your own role clearly and systematically.
You should also thoroughly secure and organize evidentiary materials, such as witness statements and CCTV footage, so that they can be submitted to the court.
When attending trial, it is important to manage your emotions well and maintain a calm attitude, and throughout the entire trial process you should attend carefully to the legal procedures and measures needed to protect your rights.
5. Bodily Injury | If You Are a Victim?
A victim of bodily injury should secure as much evidence as possible to prove the situation at the time of the incident.
The victim may then file a criminal complaint and, if necessary, claim damages through civil proceedings.
Criminal Complaint Procedure
If an infringement of the body, such as bodily injury, has occurred, the victim may file a criminal complaint against the perpetrator with an investigative agency.
A complaint may be filed by submitting a written complaint to a prosecutor or a judicial police officer, or by making it orally in person before a prosecutor or a police officer.
At this time, submitting a medical certificate or related supporting materials that can prove the injury was sustained will assist the investigation.
Claim for a Compensation Order in a Criminal Trial and Civil Proceedings
A victim of bodily injury may obtain a remedy for their rights through procedures such as civil conciliation, the small claims trial procedure, and a civil action in order to recover damages such as medical expenses and consolation money.
If the victim and the suspect have settled on compensation for the harm, no separate civil proceedings need to be pursued.
① Civil Conciliation
Through this, a dispute can be resolved simply and promptly. (Judicial Conciliation of Civil Disputes Act, Article 1)
② Small Claims Trial
③ Civil Action
6. Bodily Injury | Response Strategy
If you become involved in a bodily injury case, it is important to clarify your position and prepare an appropriate legal response.
In the case of a suspect, there may be a need to prove that there was no intent to inflict injury, or to assert that the act was self-defense or accidental, and such an assertion can be persuasive only when it is made with sufficient legal grounds.
In the case of a victim as well, it is important to secure materials that can prove the harm, such as a medical certificate, photographs, written statements, and CCTV footage, from the early stage of the case, and to give consistent statements to the investigative agency.
Regardless of whether a settlement is reached with the perpetrator, a victim who wishes to seek appropriate punishment or to claim damages may also consider civil proceedings together with a criminal complaint.
At our firm, criminal attorneys with extensive experience in bodily injury cases analyze each case directly and respond by establishing a strategy tailored to the respective circumstances of the suspect and the victim.
In addition, depending on the nature and importance of the case, a number of attorneys form a task force ranging from 1 to 20 members to review the case from multiple angles and prepare concrete measures for a practical resolution.
If you are in a situation where you need to defend against punishment or to be represented in filing a complaint in a bodily injury case, you are welcome to request the assistance of an attorney experienced in criminal matters at any time.
