If the protagonist in the drama 'The Bequeathed' were real, what kind of criminal punishment would they receive?
The recent Netflix original drama 'The Bequeathed' is gaining popularity. The truth surrounding a decrepit inherited house and the intertwined family conflicts, especially the protagonist's quest for revenge to correct an unjust reality, strongly stirs the emotions of viewers.
Most viewers feel both anger and empathy towards the choices of the characters in the drama. The feeling of "I might have done worse" is certainly not unfamiliar. However, one suddenly becomes curious.
"Is such revenge really possible in reality?"
"If such an act were actually carried out, what legal punishment would one face?"
In this article, we will analyze the 'legal limits of revenge' based on key scenes from the drama 'The Bequeathed' from a criminal law perspective.
1. Is revenge self-defense? Misunderstandings of self-defense
Many people think, "I am a victim too; I can seek revenge because I have been wronged", but self-defense under criminal law is not that broad.
[Criminal Act Article 21 Paragraph 1] An act undertaken to defend oneself or another against an unlawful infringement currently in progress shall not be punished when there is a reasonable cause.
For self-defense to be recognized, it must meet three criteria: ① The infringement must be ongoing, ② The infringement must be illegal, and ③ The defensive act must not exceed a reasonable level.
Important point: Acts of retaliation after an infringement has already ended do not constitute self-defense.
2. What punishment would the protagonists in the drama receive in reality?
The protagonists in the drama The Bequeathed choose to seek revenge on the perpetrators while grappling with devastating loss and anger. However, such choices would lead to significant criminal consequences in reality. Let's examine the legal issues present based on the actions of key characters one by one.
○ Jeong Jin-young – The embodiment of anger, how would he fare before the law?
▶ Crime Type: Threat
Related Law: Criminal Act Article 283 Paragraph 1
Provision: “A person who threatens another shall be punished with imprisonment for not more than three years, a fine not exceeding five million won, detention, or minor fine.”
Scene in the drama: The scene where he continually psychologically threatens the other party with the phrase, “I will make you like my daughter.”
Legal Evaluation: Repeated statements that induce fear clearly fall under the crime of threats and can be subject to heavier penalties if combined with coercion.
▶ Crime Type: Imprisonment
Related Law: Criminal Act Article 276
Provision: “A person who unlawfully confines another shall be punished with imprisonment for not more than five years or a fine not exceeding seven million won.”
Scene in the drama: The scene where the victim is locked in a warehouse and their phone is taken away to cut off outside communication.
Legal Evaluation: Actions that restrict the victim's movement and external communication constitute the typical elements of the crime of imprisonment.
Oh Hana – Justice or another perpetrator?
▶ Crime Type: Injury
Related Law: Criminal Act Article 257 Paragraph 1
Provision: “A person who injures another shall be punished with imprisonment for not more than seven years, disqualification for not more than ten years, or a fine not exceeding ten million won.”
Scene in the drama: Scenes where she pours hot water on someone or deliberately trips them.
Legal Evaluation: If harm is inflicted on the victim beyond simple assault, it results in a serious charge of injury.
▶ Crime Type: Defamation under the Information and Communications Network Act
Related Law: Act on Promotion of Information and Communications Network Utilization and Information Protection Article 70 Paragraph 2
Provision: “A person who disseminates false facts about another with the intent to defame them shall be punished with imprisonment for not more than seven years or a fine not exceeding fifty million won.”
Scene in the drama: The scene where private information about the victim is captured and disseminated on an online community.
Legal Evaluation: If defamation is recognized as having no public interest purpose, it becomes subject to criminal punishment and can be considered a crime of insult as well.
○ Lee Seok-jun – The avenger with a knife, hard to avoid severe punishment
▶ Crime Type: Murder
Related Law: Criminal Act Article 250 Paragraph 1
Provision: “A person who murders another shall be punished with death, life imprisonment, or imprisonment for not less than five years.”
Scene in the drama: The scene where Lee Seok-jun intentionally kills the perpetrator after deciding to seek revenge.
Legal Evaluation: Murder committed with meticulous planning is subject to enhanced punishment, and a severe sentence of imprisonment for at least ten years may be imposed.
▶ Crime Type: Concealment of a body
Related Law: Criminal Act Article 160
Provision: “A person who conceals a corpse shall be punished with imprisonment for not more than three years.”
Scene in the drama: The scene where a body is loaded into a vehicle and disposed of in a secluded area after the crime.
Legal Evaluation: While the penalty is lower than murder itself, if concealment intentions are clear, it adversely affects the sentence.
3. Why did the victim choose revenge?
Choosing revenge out of distrust in legal procedures can lead to further crimes. Systems such as criminal complaints, restraining orders, and victim public defense attorney support exist for victims.
Conclusion: The path to achieving justice is through the law, not revenge
The questions posed by the drama 'The Bequeathed' are intense. However, the law in reality is colder than emotions. Even in unjust situations, resolutions must be found through legal procedures and protective systems.
