Act on Aggravated Punishment of Specific Crimes

In the case of a suspect or defendant in a case subject to the Act on Aggravated Punishment of Specific Crimes, the case may proceed as an investigation and trial under detention.

In this case, the procedures for the review of a detention warrant and for a request for bail may be considered, so there may be a need to consult a criminal law specialist attorney about these systems.

The Act on Aggravated Punishment of Specific Crimes provides for aggravated punishment of bribery and the crime of accepting a bribe according to the amount accepted.

It applies from cases where the amount of the bribe accepted is 30 million won or more, and, the amount is divided into 30 million won or more but less than 50 million won, 50 million won or more but less than 100 million won, and 100 million won or more, with a different statutory penalty applied to each.

In addition, for property crimes such as fraud, embezzlement, and breach of trust, where the amount is at or above a certain level, the Act on Aggravated Punishment of Specific Economic Crimes applies, and in such cases, the offense becomes subject to aggravated punishment where the amount of damage is 500 million won or more.

The Act on Aggravated Punishment of Specific Crimes applies aggravated punishment where a person commits the crime of unlawful arrest and confinement under the Criminal Act and then causes bodily injury to or the death of the victim.

That is, where a person, by unlawfully arresting or confining another, causes that victim to suffer bodily injury or death, a heavier sentence is imposed than for the crime of arrest and confinement under the general Criminal Act.

The Act on Aggravated Punishment of Specific Crimes provides for aggravated punishment of a driver who flees after a traffic accident occurs.

Where a victim dies or suffers bodily injury as a result of a traffic accident, a driver who leaves the scene of the accident without authorization is subject to heavier criminal punishment than in ordinary traffic accident processing.

The Act on Aggravated Punishment of Specific Crimes provides for aggravated punishment of acts of tax evasion.

Among violations of the Punishment of Tax Evaders Act, where a person evades or improperly receives a refund of taxes at or above a certain amount, or where the amount of tax not collected or not paid is large, the offense becomes subject to aggravated punishment.

Seoul High Court, Judgment of April 28, 2023, 2023No302

Daejeon District Court, Judgment of February 28, 2025, 2024GoDan1984

One should cooperate sincerely with the investigation by the investigative agency while also clearly conveying one's own position.

During the investigation, one should give statements consistently in accordance with the facts and avoid ambiguous or unfavorable answers.

It is important to systematically collect and securely preserve objective evidence related to the case, such as mobile phone messages, CCTV footage, vehicle dashcam recordings, transaction records, and witness statements.

One should carefully review the scope of application of the Act on Aggravated Punishment of Specific Crimes and the relevant statutory provisions.

One should accurately ascertain the statutory provisions and sentencing levels that may apply to one's own case, and refer to similar precedents to prepare legal arguments that may be used in defense.

One should clearly understand the issues in interpreting the statutory provisions and the burden of proof, so as to minimize unfavorable aspects.

At the investigation stage, one should accurately confirm the schedule and location of the inquiry and maintain consistency in statements and in the submission of evidence.

At the trial stage, one should strictly observe the deadlines for submitting documents and, when giving statements in court, convey the facts calmly and clearly.

One should offer a sincere apology to the victim and promptly arrange concrete measures for recovery of the harm.

One should prepare objective materials necessary for calculating the amount of harm and make the compensation plan clear, and the settlement agreement should be drawn up as a document with legal effect, with the signatures and dates of both parties clearly recorded.