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Assault and Defamation

Assault and Defamation

Busan assault and defamation cases, with an eye on early closure

For assault and injury, defamation and insult, the charge decides not only the statutory penalty but also how much weight the victim's wish on punishment carries. From the start you need to settle whether to contest the charge, whether a settlement can end the case early and which materials can reduce the sentence.

Look past admit or deny to early closure and sentencing

Assault, injury and defamation cases do not end with deciding whether to admit or contest the charge. From the start you need to weigh whether the case can be closed early and whether the penalty can be reduced.

The weight of the victim's wish on punishment differs by charge, so we check that difference first. Park Sang Jun and Moon Ji Yeong, who hold a Criminal Law specialization registered with the Korean Bar Association, handle Busan cases.

To consult in Changwon or Seoul: Changwon Office · Seoul Office

    CASE.1

    Assault and Injury

    The applicable article and statutory penalty depend on the harm, intent and whether a dangerous object was carried.

    CASE.2

    Defamation and Insult

    We first judge whether the offense is made out by looking at identifiability, publicity and the degree of harm to reputation.

    CASE.3

    Online Defamation

    Posting on an information and communications network with intent to disparage falls under the Network Act and is punished more heavily.

    CASE.4

    Obstruction of Official Duties

    We examine, from the situation at the time, whether you knew the person was a public official, the degree of violence or threat and whether official duties were being performed.

    How your case proceeds

    Case check

    We confirm the charge and the weight of the victim's wish on punishment

    Preparing for questioning

    We arrange the events and evidence in date order

    Damage recovery

    We seek early closure through settlement and court deposit

    Sentencing materials

    We gather and submit materials that can reduce the sentence

    Statutory penalties by charge

    Charge Statutory penalty
    Assault Up to 2 years' imprisonment, a fine of up to KRW 5 million, penal detention or a minor fine
    Injury Up to 7 years' imprisonment, suspension of qualifications for up to 10 years or a fine of up to KRW 10 million
    Special injury (carrying a dangerous object, etc.) 1 to 10 years' imprisonment
    Defamation (stating facts) Up to 2 years' imprisonment with or without labor or a fine of up to KRW 5 million
    Insult Up to 1 year's imprisonment with or without labor or a fine of up to KRW 2 million
    Obstruction of official duties Up to 5 years' imprisonment or a fine of up to KRW 10 million

    Basis: Criminal Act, Articles 260(1), 257(1), 258-2(1), 307(1), 311 and 136(1) (provisions in force on October 2, 2026 checked)

    Assault and Defamation Frequently Asked Questions

    QIf the other side submits an injury certificate, does simple assault become an injury charge? How many weeks of treatment count as injury?
    A

    The law sets no cutoff in weeks. Injury is judged by whether the physiological function of the body was impaired, looking at the medical certificate, the course of treatment and the actual condition together (Criminal Act, Article 257), and the certificate is one piece of that evidence. The procedural difference is clear: for assault, no indictment can be brought if the victim does not want punishment (Article 260(3)), but for injury the investigation and trial continue even after a settlement, and the settlement is considered in sentencing.

    QI grabbed someone's arm while breaking up a fight and was booked for mutual assault. What should I prepare with a Busan assault lawyer?
    A

    Being booked is not a conviction. The first step is to gather materials showing the purpose and order of your grabbing. When both sides say there was physical contact, the police usually investigate both, but restraint used to stop an attack may be a justifiable act that does not violate social norms and may not be punished (Criminal Act, Article 20). Secure CCTV footage and witness contacts, and go into questioning with a time-ordered account of who did what first.

    QThe Public Prosecution Office asked me to attend criminal mediation. Do I have to go? Does going mean I admit the charge?
    A

    Attendance is not required, and attending does not mean you admit the charge. Criminal mediation is a procedure in which the prosecutor, before deciding whether to indict, refers damage recovery between suspect and victim to a mediation committee (Crime Victim Protection Act, Article 41), and the fact that mediation failed cannot be held against the suspect (Article 45(4)). If you decide in advance how much you can pay and whether you will also ask for a statement of no wish to punish, you will not be shaken at the table.

    QI pushed a police officer while drunk and am being investigated for obstruction of official duties. Does a settlement with the officer end it?
    A

    It does not. Unlike assault, obstruction of official duties (Criminal Act, Article 136(1)) has no rule letting the victim's wishes block an indictment, so the process continues even if the officer does not want punishment, and an apology and settlement are factors considered in sentencing. The issues are whether the push amounted to violence and whether the officer was performing lawful duties, so we first check the scene footage and the circumstances.

    QSomeone told me they will file a defamation complaint. What should I do now?
    A

    A warning alone does not start an investigation; if a complaint is actually filed, the police will contact you. Before that, keep the posts and messages in question in their original form without deleting them, and check how any apology or settlement message will read before you send it. Defamation is an offense that cannot be indicted if the victim does not want punishment (Criminal Act, Article 312(2)), so how you open a line of communication with the other side sets the direction of the case. If you were also asked for money, record those demands as well.

    QHow much should an assault settlement be? Is it fine to just take the money without a settlement agreement?
    A

    There is no legal rate table. Items such as medical costs, lost earnings and consolation money, together with how the incident happened, form the basis for negotiation. If money changes hands without a document, it stays unclear whether the settlement includes a wish not to punish, whether civil claims remain and what happens if an installment is missed, and disputes follow. A Busan assault lawyer drafts the agreement to cover both the wish not to punish and the scope of the civil waiver, and a victim should submit the statement of no wish to punish only after confirming the payment.

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