Bodily Injury

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 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 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 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.

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.

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)).

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

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.

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.

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.

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

② Small Claims Trial

③ Civil Action