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    Penal Code
    Penal Code
    Penal Code
    Ebook111 pages1 hour

    Penal Code

    By Government of the Republic of Korea

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    About this ebook

    Penal Code is the criminal law code currently used in South Korea. The first modern form of criminal code in Korea was presented during Korea under Japanese rule. The Japanese Criminal code was used for around 40 years, from 1912 to 1953, after which South Korea enacted its own criminal code.
    LanguageEnglish
    PublisherGood Press
    Release dateApr 10, 2021
    ISBN4064066466909
    Penal Code

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      Book preview

      Penal Code - Government of the Republic of Korea

      Government of the Republic of Korea

      Penal Code

      Published by Good Press, 2022

      goodpress@okpublishing.info

      EAN 4064066466909

      Table of Contents

      CHAPTER I LIMIT OF APPLICABILITY OF CRIMINAL CODE

      CHAPTER II CRIME

      SECTION 1 Commission of Crime and Mitigation or Exemption of Sentence

      SECTION 2 Criminal Attempts

      SECTION 3 Complicity

      SECTION 4 Repeated Crime (Recidivism)

      SECTION 5 Concurrent Crimes

      CHAPTER III PUNISHMENT

      SECTION 1 Kinds and Severity of Punishments

      SECTION 2 Determination of Punishment

      SECTION 3 Suspension of Imposition of Sentence

      SECTION 4 Suspension of Execution of Sentence

      SECTION 5 Execution of Punishment

      SECTION 6 Parole

      SECTION 7 Prescription for Execution of Judgment of Guilt

      SECTION 8 Extinction of Punishment

      CHAPTER IV TERM

      PART II INDIVIDUAL PROVISIONS

      CHAPTER I CRIME CONCERNING INSURRECTION

      CHAPTER II CRIMES CONCERNING FOREIGN AGGRESSION

      CHAPTER III CRIMES CONCERNING THE NATIONAL FLAG

      CHAPTER IV CRIMES CONCERNING FOREIGN RELATIONS

      CHAPTER V CRIMES AGAINST PUBLIC PEACE

      CHAPTER VI CRIMES CONCERNING EXPLOSIVES

      CHAPTER VII CRIMES CONCERNING THE DUTIES OF PUBLIC OFFICIALS

      CHAPTER VIII CRIMES CONCERNING OBSTRUCTION OF THE PERFORMANCE OF OFFICIAL DUTIES

      CHAPTER IX CRIMES OF ESCAPE AND HARBORING CRIMINALS

      CHAPTER X CRIMES OF PERJURY AND DESTRUCTION OF EVIDENCE

      CHAPTER XI CRIMES OF FALSE ACCUSATION

      CHAPTER XII CRIMES CONCERNING DECEASED PERSONS

      CHAPTER XIII CRIMES OF ARSON AND FIRE CAUSED BY NEGLIGENCE

      CHAPTER XIV CRIMES CONCERNING INUNDATION AND WATER UTILIZATION

      CHAPTER XV CRIMES OF TRAFFIC OBSTRUCTION

      CHAPTER XVI CRIMES CONCERNING DRINKING WATER

      CHAPTER XVII CRIMES CONCERNING OPIUM

      CHAPTER XVIII CRIMES CONCERNING CURRENCY

      CHAPTER XIX CRIMES CONCERNING VALUABLE SECURITIES AND POSTAGE AND REVENUE STAMPS

      CHAPTER XX CRIMES CONCERNING DOCUMENTS

      CHAPTER XXI CRIMES CONCERNING SEALS

      CHAPTER XXII CRIMES CONCERNING SEXUAL MORALS

      CHAPTER XXIII CRIMES CONCERNING GAMBLING AND LOTTERY TICKETS

      CHAPTER XXIV CRIMES OF HOMICIDE

      CHAPTER XXV CRIMES OF INFLICTING BODILY INJURY AND VIOLENCE

      CHAPTER XXVI CRIMES OF INFLICTING BODILY INJURY AND DEATH THROUGH NEGLIGENCE

      CHAPTER XXVII THE CRIMES OF ABORTION

      CHAPTER XXVIII CRIMES OF ABANDONMENT AND MALTREATMENT

      CHAPTER XXIX CRIMES OF FALSE ARREST AND ILLEGAL CONFINEMENT

      CHAPTER XXX CRIMES OF INTIMIDATION

      CHAPTER XXXI CRIMES OF TRAFFICKING IN PERSONS

      CHAPTER XXXII CRIMES CONCERNING RAPE AND INFAMOUS CONDUCT

      CHAPTER XXXIII CRIMES AGAINST REPUTATION

      CHAPTER XXXIV CRIMES AGAINST CREDIT, BUSINESS AND AUCTION

      CHAPTER XXXV CRIMES OF VIOLATION OF SECRECY

      CHAPTER XXXVI CRIMES OF INTRUSION UPON A HUMAN HABITATION

      CHAPTER XXXVII CRIMES OF OBSTRUCTING ANOTHER FROM EXERCISING HIS/ HER RIGHT

      CHAPTER XXXVIII CRIMES OF LARCENY AND ROBBERY

      CHAPTER XXXIX CRIMES OF FRAUD AND EXTORTION

      CHAPTER XL EMBEZZLEMENT AND BREACH OF TRUST

      CHAPTER XLI CRIMES CONCERNING STOLEN PROPERTY

      CHAPTER XLII DESTRUCTION

      CHAPTER I LIMIT OF APPLICABILITY OF CRIMINAL CODE

      Table of Contents

      Article 1 (Criminality and Punishability of Act)(1) The criminality and punishability of an act shall be determined by the law in effect at the time of the commission of that act.

      (2) When a law is changed after the commission of a crime, such act thereby no longer constitutes a crime under the new law, or the punishment therefor under the new law becomes less severe than under the previous law, the new law shall apply.

      (3) When a law is changed after the sentence for a crime committed under the previous law has become final and such act thereby no longer constitutes a crime, the execution of the punishment shall be remitted.

      Article 2 (Domestic Crimes)This Act shall apply to both Korean nationals and aliens who commit crimes in the territory of the Republic of Korea.

      Article 3 (Crimes by Koreans outside Korea)This Act shall apply to all Korean nationals who commit crimes outside the territory of the Republic of Korea.

      Article 4 (Crimes by Aliens on Board Korean Vessel, etc. outside Korea)This Act shall apply to aliens who commit crimes on board a Korean vessel or Korean aircraft outside the territory of the Republic of Korea.

      Article 5 (Crimes by Aliens outside Korea)This Act shall apply to aliens who commit any of the following crimes outside the territory of the Republic of Korea:

      1. Crimes concerning insurrection;

      2. Crimes concerning foreign aggression;

      3. Crimes concerning the national flag;

      4. Crimes concerning currency;

      5. Crimes concerning securities, postage, and revenue stamps;

      6. Crimes specified in Articles 225 through 230 among crimes concerning documents;

      7. Crimes specified in Article 238 among crimes concerning seals.

      Article 6 (Foreign Crimes against Republic of Korea and Korean National outside Korea)This Act shall apply to aliens who commit crimes, other than those specified in the preceding Article, against the Republic of Korea or her nationals outside the territory of the Republic of Korea: Provided, That this shall not apply where such acts under Act in effect at the time of the act do not constitute a crime, or the prosecution thereof or the execution of the punishment therefor is remitted.

      Article 7 (Inclusion of Sentence Executed Abroad)If an offender has undergone the whole or partial execution of sentence imposed abroad because of crime, the sentence either wholly or partially executed shall be included in the sentence to be declared in Korea.

      [This Article Wholly Amended by Act No. 14415, Dec. 20, 2016]

      [lower-alpha 1]

      Article 8 (Application of General Provisions)The general provisions of this Act shall also apply to such crimes as are provided by other Acts and subordinate statutes unless provided otherwise by such Acts and subordinate statutes.

      CHAPTER II CRIME

      Table of Contents

      SECTION 1 Commission of Crime and Mitigation or Exemption of Sentence

      Table of Contents

      Article 9 (Criminal Minors)The act of a person under fourteen years of age shall not be punished.

      Article 10 (Persons with Mental Disorders)(1) The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished.

      (2) For the conduct of a person who, because of mental disorder, is deficient in the abilities mentioned in the preceding paragraph, the punishment shall be mitigated.

      (3) The provisions of the preceding two paragraphs shall not apply to the act of a person who, in anticipation of danger of a crime, has intentionally incurred his/her mental disorder.

      Article 11 (Deaf-Mutes)Punishment shall be mitigated for the act of deaf-mutes.

      Article 12 (Action Compelled)Action compelled by either irresistible force or threat against the life or body of the compelled person or his/her relatives which cannot be protected shall not be punishable.

      Article 13 (Criminal Intent)Act performed through ignorance of the facts which comprise the constituent elements of a crime shall not be punishable, except as otherwise provided by Act.

      Article 14 (Negligence)Act performed through ignorance of the facts which comprise the constituents of a crime by neglect of normal attention, shall be punishable only when prescribed so by Act.

      Article 15 (Misunderstanding of Fact)(1) Act performed through ignorance of the facts which constitute especially more severe crimes shall not be punishable for such severe crimes.

      (2) Crimes for which punishment become more severe due to results thereof, shall not be punishable for more severe crimes if such results were not foreseeable.

      Article 16 (Misunderstanding of Law)When a person commits a crime not knowing that his/her act constitutes a crime under existing Acts and subordinate statutes, he/she shall not be punishable if the misunderstanding is based on reasonable grounds.

      Article 17 (Causation)Any act which is not connected with the danger which is an element of a crime, it shall not be punishable for the results.

      Article 18 (Crime Committed through Omission)When a person who, having a duty to prevent the occurrence of danger, or having caused the occurrence of danger, does not prevent the occurrence of danger, that person shall be punished in accordance with the results of such danger.

      Article 19 (Concurrence of Independent Act)When a series of independent acts concur at the same time or at several times, each act shall be punished as an attempted crime, if it is not ascertainable which act has produced the result thereof.

      Article 20 (Justifiable Act)An act which

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