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PUNISHMENT OF VIOLENCES, ETC. ACT

Act No. 625, jun. 20, 1961

Amended by Act No. 1108, Jul. 14, 1962

Act No. 3279, Dec. 18, 1980

Act No. 4294, Dec. 31, 1990

Act No. 4590, Dec. 10, 1993

Act No. 6534, Dec. 19, 2001

Act No. 7078, Jan. 20, 2004

Act No. 7891, Mar. 24, 2006

Act No. 12896, Dec. 30, 2014

Act No. 13718, Jan. 6, 2016

 Article 1 (Purpose)
The purpose of this Act is to punish any person who commits an act of violence, etc. collectively or habitually, or who commits an act of violence, etc. by carrying a deadly weapon or other dangerous articles.
[This Article Wholly Amended by Act No. 12896, Dec. 30, 2014]
 Article 2 (Assault, etc.)
(1) Deleted. <by Act No. 13718, Jan. 6, 2016>
(2) If two or more persons jointly commit any of the following crimes, punishment shall be aggravated by up to 1/2 of the punishment prescribed in each applicable provisions of the Criminal Act: <Amended by Act No. 13718, Jan. 6, 2016>
1. Crimes provided for in Article 260 (1), Article 283 (1), Article 319, or Article 366 of the Criminal Act;
2. Crimes provided for in Article 260 (2), Article 276 (1), Article 283 (2), or Article 324 (1) of the Criminal Act;
3. Crimes provided for in Article 257 (1) and (2), Article 276 (2), or Article 350 of the Criminal Act.
(3) Where a person who has been sentenced at least twice to imprisonment with labor for violation of this Act (including each applicable provision of the Criminal Act, a repeated crime, special crime, and repeated special crime specified in each applicable provision, and an attempted repeated crime, attempted special crime, and attempted repeated special crime) is punished as a cumulative offender for committing again any crime prescribed in the subparagraphs of paragraph (2), the punishment for such crime shall be aggravated in accordance with the following classifications: <Amended by Act No. 13718, Jan. 6, 2016>
1. A person who commits a crime provided for in paragraph (2) 1: Imprisonment with labor for not more than 7 years;
2. A person who commits a crime provided for in paragraph (2) 2: Imprisonment with labor for not less than 1 year but not more than 12 years;
3. A person who commits a crime provided for in paragraph (2) 3: Imprisonment with labor for not less than 2 years but not more than 20 years.
(4) Articles 260 (3) and 283 (3) of the Criminal Act shall not apply to cases falling under paragraphs (2) and (3).
[This Article Wholly Amended by Act No. 12896, Dec. 30, 2014]
 Article 3 (Mob Assault, etc.)
(1) Deleted. <by Act No. 13718, Jan. 6, 2016>
(2) Deleted. <by Act No. 7891, Mar. 24, 2006>
(3) Deleted. <by Act No. 13718, Jan. 6, 2016>
(4) Where a person who has been sentenced at least twice to imprisonment with labor for violation of this Act (including each applicable provision of the Criminal Act, a repeated crime, special crime, and repeated special crime specified in each applicable provision, and an attempted repeated crime, attempted special crime, and attempted repeated special crime) is punished as a cumulative offender for committing again any of the following crimes, the punishment for such crime shall be aggravated in accordance with the following classifications: <Amended by Act No. 12896, Dec. 30, 2014; Act No. 13718, Jan. 6, 2016>
1. Crimes provided for in Article 261 (limited to cases where a person commits a crime referred to in Article 260 (1)), Article 284 (limited to cases where a person commits a crime referred to in Article 283 (1)), Article 320, or Article 369 (1) of the Criminal Act: Imprisonment with labor for not less than 1 year but not more than 12 years;
2. Crimes provided for in Article 261 (limited to cases where a person commits a crime referred to in Article 260 (2)), Article 278 (limited to cases where a person commits a crime referred to in Article 276 (1)), Article 284 (limited to cases where a person commits a crime referred to in Article 283 (2)), or Article 324 (2) of the Criminal Act: Imprisonment with labor for not less than 2 years but not more than 20 years;
3. Crimes provided for in Article 258-2 (1), Article 278 (limited to cases where a person commits a crime referred to in Article 276 (2)), or Article 350-2 of the Criminal Act: Imprisonment with labor for not less than 3 years but not more than 25 years.
 Article 4 (Organization and Activities of Organizations, etc.)
(1) Any person who forms an organization or group aimed at committing the crimes provided for in this Act, or who joins such organization or group, or acts as a member thereof, shall be punished pursuant to the following classifications:
1. Its leader: Death, imprisonment with labor for an indefinite term or at least ten years;
2. Its principal members: Imprisonment with labor for an indefinite term or at least seven years;
3. Other members than the aforementioned: Imprisonment with labor for a definite term of at least two years.
(2) If a person who has formed an organization or group under paragraph (1), or who has joined such an organization or group, flaunts the power of such organization or group, or commits any of the following crimes for the continued existence and maintenance of such organization or group, punishment shall be aggravated up to the half of the long- or short-term penalty against the said crimes: <Amended by Act No. 13718, Jan. 6, 2016>
1. The following crimes among the crimes under the Criminal Act:
(a) Crimes prescribed in Article 136 or 141, among those concerning an obstruction of the performance of official duties under Chapter VIII of the Criminal Act;
(b) Crimes prescribed in Article 250 (1), 252, 253, or 255, among those concerning homicide under Chapter XXIV of the Criminal Act;
(c) Crimes prescribed in Article 314 or 315, among those against credit, business and auction under Chapter XXXIV of the Criminal Act;
(d) Crimes prescribed in Article 333, 334, 335, 336, 337, 339, 340 (1) and (2), 341, or 343, among those concerning larceny and robbery under Chapter XXXVIII of the Criminal Act;
2. Crimes falling under Article 2 or 3 (including a repeated crime, special crime, repeated special crime specified in applicable provisions of the Criminal Act).
(3) Any person who compels or induces another person to join an organization or group under paragraph (1) shall be punished by imprisonment with labor for a definite term of at least two years.
(4) Any person who forms or joins an organization or group under paragraph (1) and raises any money or articles for the continued existence and maintenance of such an organization or group, shall be punished by imprisonment with labor for a definite term of at least three years.
[This Article Wholly Amended by Act No. 12896, Dec. 30, 2014]
 Article 5 (Utilization of and Support to Organizations, etc.)
(1) Any person who has made anyone commit the crimes provided for in this Act or other penalty provisions by taking advantage of the organization or group under Article 4 (1), shall be punished by aggravating up to half of the long-term or short-term punishment for the relevant crime.
(2) When any person who has not formed or joined an organization or group under Article 4 (1) and contributed any funds for the formation and maintenance of such an organization or group, he/she shall be punished by imprisonment with labor for a definite term of at least three years. [This Article Wholly Amended by Act No. 12896, Dec. 30, 2014]
 Article 6 (Criminal Attempt)
Any criminal attempt referred to in Articles 2, 3, 4 (2) (excluding the cases committing the crimes of Article 136, 255, 314, 315, 335, latter part of 337 (restricting the crime of bodily injury resulting from robbery), latter part of 340 (2) (restricting the crime of bodily injury resulting from marine robbery), or 343 of the Criminal Act) and 5, shall be punished.
[This Article Wholly Amended by Act No. 12896, Dec. 30, 2014]
 Article 7 (Person Prone to Commit Crimes)
Any person who carries, provides, or mediates, without good cause, any deadly weapon or other dangerous articles which are likely to be used in the crimes provided for in this Act, shall be punished by imprisonment with labor for up to three years, or by a fine not exceeding three million won. [This Article Wholly Amended by Act No. 12896, Dec. 30, 2014]
 Article 8 (Legal Defense, etc.)
(1) When a person committing the crimes provided for in this Act inflicts or intends to inflict any danger or injury on other persons with a deadly weapon or other dangerous articles, etc., any acts done to prevent or defend against such danger or injury shall not be punished.
(2) In cases falling under paragraph (1), if the defense act is deemed to be excessive, the punishment therefor shall be mitigated.
(3) In cases falling under paragraph (2), if such an act is caused by any terror, shock, excitement or confusion at night or under other uneasy conditions, it shall not be punished.
[This Article Wholly Amended by Act No. 12896, Dec. 30, 2014]
 Article 9 (Dereliction of Duties by Judicial Police Officers)
(1) Any judicial police officer who fails to investigate a person who has committed any crime provided for in this Act, who fails to arrest a person whom he/she knows as a criminal, or who facilitates a flight of the criminal by divulging information on the investigation, shall be punished by imprisonment for a definite term of at least one year.
(2) Any person who commits crimes under paragraph (1) after accepting, demanding or promising a bribe, shall be punished by imprisonment with labor for a definite term of at least two years.
[This Article Wholly Amended by Act No. 12896, Dec. 30, 2014]
 Article 10 (Administrative Responsibility of Judicial Police Officers)
(1) The chief of the competent district public prosecutor's office may demand an appointing authority to take disciplinary action, to dismiss or replace a judicial police officer who fails to make a report to him/her or neglects to investigate such crime even though a crime under Articles 2 through 6 has occurred, or who is deemed unfit for a judicial police officer on account of insufficient investigative abilities and other reasons.
(2) An appointing authority shall, upon receipt of a demand under paragraph (1), take an administrative measure on the relevant judicial police officer within two weeks, and notify the chief of the competent district public prosecutor's office thereof.
[This Article Wholly Amended by Act No. 12896, Dec. 30, 2014]
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 1108, Jul. 14, 1962>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 3279, Dec. 18, 1980>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 4294, Dec. 31, 1990>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 4590, Dec. 10, 1993>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) An application of penal provisions to any act committed before this Act enters into force, shall be subject to the previous provisions.
(3) Omitted.
ADDENDUM <Act No. 6534, Dec. 19, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7078, Jan. 20, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 7891, Mar. 24, 2006>
This Act shall enter into force on the date of its promulgation: Provided, That the part with regard to the crimes against the ascendants among the amended provisions of Articles 2 and 3, and the amended provisions of Article 4 shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 12896, Dec. 30, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13718, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes)
Where the previous provisions of the Punishment of Violences, etc. Act have been cited by other statutes as at the time this Act enters into force, provisions corresponding thereto in this Act shall be construed as cited in lieu of the previous provisions if there are such corresponding provisions herein.