Criminal Defense

Bodily Injury Lawyer

Bodily Injury Lawyer | Understanding the charge and building a defense from the accused's side

Summary

Bodily injury (sangae) occurs when a person's physical or mental state is impaired as a result of violence or another act, and it is punished more heavily than simple assault (형법 제257조). Whether the case is treated as bodily injury or mere assault depends on medical evidence and the degree of harm, while the actual sentence depends heavily on prior record, the manner of the act, and whether the victim has been compensated. This page is written from the perspective of a person accused of causing injury, focusing on how to respond at each stage of the investigation.

Criminal · Violence Offenses Applicable law: Criminal Act (형법) Accused's perspective

Bodily Injury | Bodily Injury vs. Simple Assault — Why the Distinction Matters

Many clients are first questioned for 'assault' and later find the charge has been changed to 'bodily injury,' or vice versa. The two carry very different penalties and different rules on whether the case can proceed without the victim's complaint.

What separates the two charges

Simple assault (폭행) refers to physical force exerted on another person's body without necessarily causing an actual injury (형법 제260조). Bodily injury (상해) requires that the victim's physical or mental condition was actually impaired — for example, bruising that required treatment, a fracture, or a diagnosed psychological injury (형법 제257조). Whether a scratch or bruise rises to the level of 'injury' is decided case by case based on medical records, not by the label the police first use.

Why it matters for how the case proceeds

Simple assault is a offense that generally cannot be prosecuted against the victim's express wish not to prosecute (반의사불벌죄, 형법 제260조 제3항), meaning a settlement before charges are formally decided can end the case entirely. Bodily injury is not subject to this rule, so even a full settlement with the victim does not automatically stop prosecution — it instead becomes a strong sentencing factor. This is why the exact characterization of the charge is one of the first things a defense lawyer will examine.

Aggravated and group forms of the charge

If the injury was caused with a dangerous weapon, by two or more people acting together, or resulted in serious or permanent harm, the case may be charged under enhanced provisions such as the Act on the Aggravated Punishment of Specific Crimes or aggravated bodily injury provisions (특정범죄가중처벌등에관한법률, 형법 제258조). These carry a materially higher sentencing range and often affect whether pretrial detention is sought.

Bodily Injury | How Injury Severity and Intent Get Assessed

Two cases that look similar on the surface can end very differently depending on how the medical documentation reads and whether intent (or at least dolus eventualis) can be shown. This is usually where the real dispute in a bodily injury case lies.

Medical documentation drives the classification

Investigators and prosecutors rely heavily on the diagnosis period (weeks of treatment) noted in medical certificates. A short diagnosis period does not automatically mean a lighter charge, but it is one of the most persuasive pieces of evidence in negotiating both the charge and the sentence. Obtaining your own contemporaneous medical record, if you were also injured, can matter for a mutual-assault argument.

Intent doesn't have to be a plan to injure

Korean courts do not require proof that the defendant specifically intended to cause injury — intent to commit the underlying violent act, combined with an awareness that injury could result, can be enough (미필적 고의 concept applied under 형법 제257조). This means a defense based on 'I never meant to hurt them' rarely succeeds on its own; the more relevant question is often whether the act and the resulting harm can be causally and legally connected.

Self-defense and provocation as defenses

If the injury occurred while defending against an unlawful attack, self-defense (정당방위, 형법 제21조) may apply, though Korean courts apply it narrowly and generally require the response to be proportionate. Evidence that the victim provoked or initiated the physical confrontation — CCTV, witness statements, prior threats — is one of the most common and effective lines of defense in these cases.

Bodily Injury | Approaching Settlement With the Victim

Because bodily injury cannot be resolved simply by the victim withdrawing a complaint, settlement functions differently than in assault cases — it is a sentencing factor, not a case-ending event. Timing and how the settlement is documented both matter.

What a written settlement should contain

A settlement letter (합의서) should clearly state the amount paid, that the victim does not wish further punishment, and — where relevant — that the victim withdraws any complaint. Vague or informal apologies without documentation carry far less weight with investigators and judges than a signed, notarized-style settlement.

When direct contact with the victim is risky

Approaching the victim directly, especially after a no-contact request or a restraining request, can itself create additional legal exposure or be seen as pressure rather than genuine remorse. Settlement negotiations are often better conducted through counsel, who can also address the victim's counsel or family without escalating the conflict.

Settlement is not the only mitigating factor

Courts and prosecutors also weigh whether this is a first offense, whether the injury was caused in a sudden altercation versus premeditated conduct, and whether the accused has shown genuine remorse (e.g., voluntary medical expense payment before any settlement is finalized). Building a complete mitigation package alongside settlement — not relying on settlement alone — tends to produce a more consistent result.

⚠ Settlement timing affects what it can achieve

A settlement reached before the case is sent to the prosecutor can support a non-prosecution decision or a summary fine; one reached only after indictment mainly affects sentencing at trial. Waiting until the last minute narrows what settlement can realistically accomplish.

Bodily Injury | From Police Questioning to Case Resolution

Initial consultation and case review
We review the police report, any medical certificates, and the circumstances of the incident to assess whether the act is likely to be classified as assault or bodily injury, and what defenses are available.

Police investigation and prosecutorial review stage
We help prepare for questioning, review and respond to the victim's statement where possible, and begin settlement discussions if appropriate at this early stage.

Prosecutorial decision
Depending on severity, prior record, and settlement status, the prosecutor may issue a summary indictment (fine), a formal indictment for trial, or in some cases a non-prosecution disposition.

Trial or summary proceeding
If indicted, we prepare sentencing materials — settlement documents, medical evidence, character references — and where facts are disputed, contest the classification of the charge or the existence of intent.

Sentencing and post-resolution matters
After resolution, we advise on any related civil liability for damages and, where applicable, appeal strategy if the outcome is unfavorable.

Bodily Injury | How Fees Are Determined

Retainer fee
Set based on the stage the case is at (police investigation, prosecutor stage, or trial), the severity of the charge (simple bodily injury versus aggravated forms), and the complexity of the factual disputes.

Success or outcome-linked fee
Where agreed, may be tied to specific procedural outcomes such as a non-prosecution decision or a summary fine disposition rather than to any guarantee of acquittal.

Settlement-related costs
Any settlement amount paid to the victim is separate from legal fees and is negotiated directly between the parties, though counsel typically facilitates and documents the negotiation.

Disbursements
Covers costs such as obtaining medical records, expert opinions on injury severity if needed, and other case-specific document fees.

※ Costs vary depending on case complexity and specific circumstances; exact fees will be provided during consultation. No specific outcome is guaranteed.

Bodily Injury | Self-Check for the Accused

1️⃣ Right After the Incident

Have you avoided any further direct contact with the other party?
Did you preserve any evidence showing who initiated the confrontation (CCTV, texts, witnesses)?
If you were also injured, have you obtained your own medical documentation?
Have you avoided posting about the incident on social media?

2️⃣ Assessing the Charge

Do you know whether the police are treating this as assault or bodily injury?
Has a diagnosis period (weeks of treatment) been issued for the victim's injury, and do you know what it says?
Was a weapon or object involved, or was more than one person involved in the act?
Do you have a prior record for violence-related offenses?

3️⃣ Settlement Strategy

Has the victim indicated any willingness to discuss settlement?
Do you understand that settlement here affects sentencing rather than automatically ending the case?
Is any settlement discussion being documented in writing rather than left verbal?
Are you avoiding direct contact with the victim where a no-contact request exists?

Frequently Asked Questions

Q. Is bodily injury a charge that requires the victim to file a complaint?

A. No. Unlike simple assault, bodily injury under 형법 제257조 can generally be prosecuted regardless of whether the victim wants to press charges, because it is not classified as a crime requiring a complaint or subject to withdrawal (반의사불벌죄). A settlement still matters, but mainly as a sentencing factor rather than something that automatically ends the case.

Q. If we settle, will the case definitely be dropped?

A. Not automatically. Settlement is a significant mitigating factor that can support a non-prosecution decision or a lighter sentence, but the final decision rests with the prosecutor or the court based on the overall circumstances. Settling early, with a clear written agreement, generally gives it the most weight.

Q. What's the difference between assault and bodily injury in practice?

A. Assault involves physical force without a resulting injury, while bodily injury requires that the victim's physical or mental condition was actually harmed (형법 제260조, 형법 제257조). The dividing line is usually determined by medical documentation, such as whether a diagnosis period was issued, rather than the initial label used by police.

Q. I hit the other person back after they hit me first — can I still be charged?

A. Yes, you can still be charged, but evidence that you acted in response to an unlawful attack may support a self-defense argument (정당방위, 형법 제21조) or at least be treated as a mitigating circumstance. Korean courts apply self-defense narrowly and look closely at whether your response was proportionate to the threat.

Q. Does a minor injury like a bruise count as bodily injury?

A. It can, if it caused an actual impairment to the victim's physical condition that required or received medical treatment, even briefly. Whether a minor bruise rises to the level of legally recognized injury is assessed case by case based on medical evidence, not simply by how visible the injury looks.

Q. Can I be detained before trial for a bodily injury charge?

A. Pretrial detention is more likely in aggravated cases — for example, injuries caused with a weapon, by multiple people, or resulting in serious harm — or where there is a risk of flight or evidence destruction. For a first-time, less severe case, investigation without detention is more common, but this depends heavily on the specific facts.

Q. Should I contact the victim myself to apologize and settle?

A. Direct contact can be risky, especially if the victim has asked not to be contacted or if there is any perception of pressure or intimidation. It is generally safer to have settlement discussions conducted through counsel, who can communicate with the victim or their representative in a documented, appropriate manner.

Q. What happens if the victim also gets charged for their role in the incident?

A. In altercations where both sides used force, it is common for both parties to be investigated, and each side's degree of injury, who instigated the incident, and any prior provocation are all weighed separately. This is often called a mutual-assault situation, and it can lead to reduced charges or mutual settlement covering both sides.

Q. How long does a bodily injury case usually take from report to resolution?

A. It varies significantly depending on whether the case is resolved by summary fine, non-prosecution, or full trial, and on the complexity of the factual disputes. Simpler cases with early settlement can resolve in a few months, while contested cases involving aggravated charges or trial can take considerably longer.

Q. Will a bodily injury conviction show up on my criminal record permanently?

A. A conviction is recorded, though the practical effect depends on the type of disposition (e.g., fine versus formal sentence) and subsequent legal provisions on record expungement that may apply after a set period. This is something to discuss specifically with counsel based on the disposition you receive.