[Success Case]Foreign Tourists, a Bar Fight, and 10 Stitches: Assault Case Closed Without Charges in Two Days (Seoul Central District Prosecutors’ Office)

Hello, this is Attorney Bom Lee.

A heated argument over drinks can turn physical in a moment. But when someone gets hurt, the situation changes completely. In Korea, it is no longer treated as simple assault but as bodily injury (상해), a more serious crime.

Today I’d like to share a case in which a foreign tourist struck another tourist during a night of drinking, leaving the victim with an injury that needed 10 stitches. The case ended with a suspension of indictment (기소유예), and both parties were able to return home.

■ The Case

Both the client and the victim were foreign nationals visiting Korea as tourists. While drinking, an argument broke out between them, and the client struck the victim. The victim needed 10 stitches to close the wound.

An injury that requires stitches is not considered minor. The client faced the possibility of being formally indicted and standing trial in Korea.

For travelers, a criminal case abroad brings a burden that goes beyond the penalty itself. A trip has a fixed end date, and a case that drags on can leave a person stuck in a foreign country, unable to return to work and family. For both the client and the victim, a fast resolution that would let them leave Korea mattered most.

■ How Serious Is Bodily Injury Under Korean Law?

Under Article 257 of the Korean Criminal Act, causing bodily injury is punishable by up to 7 years in prison, suspension of qualifications for up to 10 years, or a fine of up to 10 million won.

Many people ask, “If I settle with the victim, isn’t that the end of it?” For simple assault, the answer is often yes: prosecutors cannot punish the offender if the victim does not want them punished. Bodily injury is different. Even after a settlement, prosecutors can continue the case and bring charges.

That is why, in injury cases, how the settlement is reached and how the surrounding circumstances are presented to the prosecutors matter as much as the settlement itself.

■ Our Approach

① Reaching a settlement with the victim
We conveyed the client’s sincere apology to the victim and negotiated a settlement. As a result, the parties settled amicably on the condition that the victim would not submit an injury diagnosis certificate.

② Showing the incident was unplanned
This was not a premeditated attack. It happened in the heat of the moment during a night of drinking. We laid out the facts in detail to show prosecutors that the incident was spontaneous.

③ Demonstrating genuine remorse
We submitted a written opinion and supporting materials showing that the client admitted the wrongdoing and was truly remorseful.

④ Moving quickly
Because both parties needed to return home, speed was a priority from the start. We worked to have everything the prosecutors needed ready without delay, so the case would not be held up.

■ The Result: Suspension of Indictment, Decided in Two Days

[Image: screenshot of the disposition result]

The Seoul Central District Prosecutors’ Office issued a suspension of indictment just two days after the case was referred to it, exactly the quick outcome the parties had hoped for.

A suspension of indictment means that although the offense is acknowledged, the prosecutor decides not to bring the case to court after considering all the circumstances. The client avoided a criminal trial, and both the client and the victim were able to return to their home countries.

■ Final Thoughts

Bar fights are often the result of a single moment of poor judgment. But when an injury is involved, the consequences in Korea can be serious, and for foreign visitors, the time pressure of travel plans makes everything harder.

Even in similar injury cases, the outcome can depend heavily on the terms of the settlement, how genuine remorse is communicated, and how quickly the case is handled. If you or someone you know is facing a criminal case while visiting Korea, don’t try to handle it alone. Get professional help as early as possible.