Key Guide to Offenses Under the Act on the Punishment of Acts of Violence, etc.

Based on 16 consultation cases · Updated October 4, 2026 · Translated from the Korean original.

Punishment relating to the Act on the Punishment of Acts of Violence, etc. depends on specific circumstances, including whether a dangerous object was carried, whether the offense was committed jointly, whether the conduct was habitual, and whether the group qualifies as a criminal organization. Because some provisions of the former law were deleted after being held unconstitutional, it is important to distinguish the provisions in force at the time of the example from the Criminal Act provisions that apply today.

People involved → Person accused → Victim or other participants → Violent offense involving an object, other people, repeated conduct, or a group → Was a dangerous object close at the scene with intent to use it in the offense? → Yes, Article 7 → A special or aggravated rule may apply → No → Did two or more people share intent and act as accomplices? → Yes, Article 2(2) → Was the conduct habitual or part of a qualifying criminal organization? → Yes, Articles 2(1) or 4 → No listed trigger shown; assess the underlying offense under current law → Check object risk and circumstances, not type alone → The object need not be used or known to the victim; mere possession is not enough → Check which law applies → Relevant former provisions were deleted; the examples apply Criminal Act special-offense provisions → Check habituality and prior sentence status → Consider convictions, motive, method,…

Key points

Carrying a dangerous object means possessing it on one’s person or close at hand at the scene of an offense with the intent to use it in committing the offense. Merely storing it inside one’s home does not constitute carrying it (Act on the Punishment of Acts of Violence, etc., Article 7 (폭력행위 등 처벌에 관한 법률 제7조), Cases 2, 15, and 16).
A dangerous object need not actually be used, nor must the victim be aware of it, for carrying it to be established. However, the mere fact that a person possessed an object does not give rise to a presumption that it could be used to commit a violent crime (Act on the Punishment of Acts of Violence, etc., Article 7 (폭력행위 등 처벌에 관한 법률 제7조), Cases 2 and 10).
Whether an object is dangerous is not determined solely by its type. The question is whether, given the specific manner of use and circumstances, the other person or a third party could feel that their life or body was at risk (Cases 4 and 9).
A joint offense by two or more people requires an accomplice relationship and a shared intent to carry out the offense. Even without an explicit prior agreement, a joint offense may be established if a sequential or tacit agreement of intent is supported by circumstantial evidence (Act on the Punishment of Acts of Violence, etc., Article 2(2) (폭력행위 등 처벌에 관한 법률 제2조 제2항), Case 6).
A criminal organization is a group of people continuously associated for a criminal purpose. If it has at least a minimal command structure, it need not necessarily have a name, code, or membership ceremony. Simply taking over the leadership of an existing organization does not mean that a new criminal organization has been formed (Act on the Punishment of Acts of Violence, etc., Article 4 (폭력행위 등 처벌에 관한 법률 제4조), Cases 3 and 7).
Habituality is not limited to repeated commission of the same type of crime; it may refer to a propensity spanning the violent crimes listed in the law. Habituality is determined by considering various circumstances, including prior convictions, motive, method, and intervals between offenses. Multiple types of habitual offenses may also constitute a single comprehensive offense (Act on the Punishment of Acts of Violence, etc., Article 2(1) (폭력행위 등 처벌에 관한 법률 제2조 제1항), Cases 5 and 12).
When a sentence becomes spent, the legal effects of the sentence are extinguished prospectively. As a result, the prior conviction may not fall within the “case of having received a sentence of imprisonment” requirement for aggravated punishment discussed in the example. However, specific circumstances, including whether a suspended sentence was revoked or annulled, should also be checked (Act on the Punishment of Acts of Violence, etc., Article 2(3) (폭력행위 등 처벌에 관한 법률 제2조 제3항), Case 1).
Even in cases involving assault, intimidation, or destruction of property while carrying a dangerous object that were previously governed by provisions of the Act on the Punishment of Acts of Violence, etc., the special-offense provisions of the Criminal Act described in the examples apply after the relevant provisions were held unconstitutional and deleted (Cases 4, 8, 9, 10, and 14).

Frequently asked questions

Q. Can I be punished even if I did not actually use the weapon in the offense or the victim did not know about it?

If a person carries or keeps a dangerous object, such as a weapon, at the scene of an offense with the intent to use it in committing the offense, this may constitute carrying the object even if the victim did not know about it or the object was not actually used. However, this does not include cases where the person happened to possess the object for reasons unrelated to the offense.

Case 10

Q. Can I be punished for keeping a knife in my car to protect myself or my family?

The examples explain that carrying, without a justifiable reason, a weapon that could be used to commit a violent crime may constitute the offense of carrying a weapon, even if the person claims they intended to protect themselves or their family. The mere fact that someone possessed a dangerous object does not automatically establish that it could be used to commit a crime; the purpose for carrying it and the surrounding circumstances must be examined.

Case 2, Case 15

Q. Does merely storing a dangerous object at home count as “carrying” it?

The mere fact that a person stored a dangerous object in a place where they live does not constitute “carrying” as described in the examples. Carrying refers to possessing an object on one’s person or close at hand at the scene of an offense with the intent to use it there.

Case 16

Q. Can a car or a fire extinguisher be considered a dangerous object?

Whether an object is dangerous is determined in light of generally accepted social standards, based on whether its actual manner of use and the circumstances could cause a person to feel that their life or body was at risk. A car may be a dangerous object if used to harm a person or damage property. However, in a case involving someone throwing a fire extinguisher, the court considered various circumstances, including that it was not aimed at a particular person and no one was injured, and found that special assault was unlikely to be established.

Case 4, Case 9

Q. If several people commit an assault at the same place, are they all punished for a joint offense?

Being at the same place is not, by itself, enough to establish a joint offense. There must be an accomplice relationship in which the people are aware of and take advantage of one another’s offenses, as well as a shared intent to carry out the crime. A claim that there was no prior agreement can also be assessed based on circumstantial evidence and other facts.

Case 6

Q. Does a criminal organization need to have a name or hold a membership ceremony?

It is not essential for a criminal organization to have a clearly established name or code, or to hold a founding or membership ceremony. What matters is whether people have formed an ongoing association for the purpose of committing crimes and whether it has at least a minimal command structure to maintain order.

Case 3

Q. Does a change in the leader of an existing organization mean that a new criminal organization has been formed?

A change in the leader or a more active operation of the organization does not, by itself, establish that a new organization has been formed. The existing organization must have been dissolved and then rebuilt, or have changed so completely through separation, absorption, merger, or similar developments that the resulting organization is a separate entity no longer identical to the original one.

Case 7

Q. If a past sentence of imprisonment becomes spent, will it still count toward aggravated punishment under the Act on the Punishment of Acts of Violence, etc.?

The example explains that once a sentence has become spent, the prior conviction can no longer be considered a case of having “received a sentence of imprisonment” under the relevant aggravated-punishment provision. However, the outcome may depend on specific circumstances, such as whether the suspended sentence was revoked or annulled.

Case 1

Q. Is assault involving the carrying of a dangerous object still subject to aggravated punishment under the Act on the Punishment of Acts of Violence, etc.?

According to the examples, Article 3(1) of the Act on the Punishment of Acts of Violence, etc., which previously applied to assaults involving the carrying of dangerous objects, was deleted following a decision that it was unconstitutional. The examples explain that the relevant provisions of the Criminal Act, such as those on special assault, special intimidation, and special destruction of property, apply instead. The date of the incident and the specific type of offense must therefore be checked.

Case 4, Case 9, Case 10, Case 14

Relevant laws

Act on the Punishment of Acts of Violence, etc., Article 2(1) (폭력행위 등 처벌에 관한 법률 제2조 제1항)
Act on the Punishment of Acts of Violence, etc., Article 2(2) (폭력행위 등 처벌에 관한 법률 제2조 제2항)
Act on the Punishment of Acts of Violence, etc., Article 2(3) (폭력행위 등 처벌에 관한 법률 제2조 제3항)
Act on the Punishment of Acts of Violence, etc., Article 3(1) (폭력행위 등 처벌에 관한 법률 제3조 제1항)
Act on the Punishment of Acts of Violence, etc., Article 3(4) (폭력행위 등 처벌에 관한 법률 제3조 제4항)
Act on the Punishment of Acts of Violence, etc., Article 4 (폭력행위 등 처벌에 관한 법률 제4조)
Act on the Punishment of Acts of Violence, etc., Article 7 (폭력행위 등 처벌에 관한 법률 제7조)
Criminal Act, Article 35 (형법 제35조)
Criminal Act, Article 260(1) (형법 제260조 제1항)
Criminal Act, Article 261 (형법 제261조)
Criminal Act, Article 283(1) (형법 제283조 제1항)
Criminal Act, Article 320 (형법 제320조)
Criminal Act, Article 366 (형법 제366조)
Criminal Act, Article 369(1) (형법 제369조 제1항)
Act on the Lapse of Criminal Sentences, Article 7(1)(2) (형의 실효 등에 관한 법률 제7조 제1항 제2호)

Watch out for

Whether an object is dangerous and whether it was carried should not be determined solely by the type of object. The specific circumstances, including the purpose for possessing it, its location, and how it was used, must also be considered.
The examples explain that some aggravated-punishment provisions of the Act on the Punishment of Acts of Violence, etc. were deleted after being held unconstitutional. Check when the incident occurred to avoid confusing former provisions with the Criminal Act provisions that apply today.
Whether a prior conviction counts toward aggravated punishment may depend not only on whether the sentence has become spent but also on individual circumstances, such as whether a suspended sentence was revoked or annulled.
The conclusions in the examples are based on the facts presented. In an actual case, the outcome may differ depending on specific details, such as the circumstances of the offense and the evidence.

Source cases

This guide was compiled by AI from the following Korea Legal Aid Corporation consultation cases (in Korean).

This guide is general legal information about Korean law, not legal advice for your situation. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (call 132 in Korea).