What kind of criminal punishment would the protagonist of the drama 'The Bequeathed' receive if it were reality?

The Netflix original drama 'The Bequeathed' is currently a hit. The protagonist's revenge story, intertwined with the truth surrounding an inherited abandoned house and the family's conflicts, particularly the desire to correct an unjust reality, strongly stirs the emotions of viewers.

Most viewers feel both anger and empathy for the choices of the protagonists in the drama. The sentiment of "I might have done worse" is certainly not unfamiliar. However, it suddenly raises a question.

“Is such a revenge truly possible in reality?”

“If such an act were actually committed, what kind of punishment would it legally incur?”

In this article, we will organize the 'legal limits of revenge' based on key scenes from the drama 'The Bequeathed' from a criminal law perspective.

1. Is revenge legitimate self-defense? Misunderstandings about self-defense

Many people think, “I am a victim too, I can seek revenge because I have been wronged,” but in criminal law, self-defense is not that broad.

[Criminal Act Article 21 Paragraph 1] Acts taken to defend oneself or another person's legal interests against an ongoing unlawful infringement shall not be punished when there are substantial reasons.

For self-defense to be recognized, ① the infringement must be ongoing, ② the infringement must be illegal, and ③ the defensive action must not exceed a reasonable level.

Important point: Acts committed in retaliation after the infringement has already ended are not considered self-defense.

2. What kind of punishment would the protagonists in the drama receive if it were reality?

The protagonists in the drama The Bequeathed choose to take revenge themselves, carrying immense loss and anger toward the offenders. However, such choices would lead to serious criminal punishments in reality. Let’s examine the legal issues based on the actions of the main characters.

○ Jeong Jin-young – The embodiment of rage, what about before the law?

▶ Type of crime: Threat

• Related legal provision: Criminal Act Article 283 Paragraph 1

• Provision content: “Anyone who threatens another person shall be subject to imprisonment for not more than three years, a fine not exceeding 5 million won, or detention or a fine.”

• Scene in the drama: A scene where the character continuously exerts psychological threats on the counterpart with the words, “I will make you like my daughter.”

• Legal evaluation: Repeated statements that provoke fear clearly constitute the crime of threats, especially when combined with coercion, which may lead to heightened punishment.

▶ Type of crime: False imprisonment

• Related legal provision: Criminal Act Article 276

• Provision content: “Anyone who unlawfully confines another person shall be punished by imprisonment for not more than five years or a fine not exceeding 7 million won.”

• Scene in the drama: A scene where the victim is locked in a warehouse and denied contact with the outside by taking their mobile phone.

• Legal evaluation: Actions restricting the victim's movement and external communication meet the typical criteria for the crime of false imprisonment.

Oh Hana – Is it justice, or another perpetrator?

▶ Type of crime: Injury

• Related legal provision: Criminal Act Article 257 Paragraph 1

• Provision content: “Anyone who injures another person's body shall be punished by imprisonment for not more than seven years, a suspension of qualifications for not more than ten years, or a fine not exceeding 10 million won.”

• Scene in the drama: Scenes where boiling water is poured on the counterpart or they are intentionally tripped.

• Legal evaluation: If actual harm is inflicted on the victim beyond simple assault, such acts will be punished severely as injury.

▶ Type of crime: Defamation under the Information and Communications Network Act

• Related legal provision: Information and Communications Network Act Article 70 Paragraph 2

• Provision content: “Anyone who disseminates false facts through the information and communications network for the purpose of defaming another person shall be punished by imprisonment for not more than seven years or a fine not exceeding 50 million won.”

• Scene in the drama: A scene where the victim's private life is captured and disseminated in an online community.

• Legal evaluation: If the intent is recognized for defamatory purposes without a public interest, it is subject to criminal punishment, and may also be combined with insult.

○ Lee Seok-jun – The avenger with a knife, difficult to avoid a heavy sentence

▶ Type of crime: Murder

• Related legal provision: Criminal Act Article 250 Paragraph 1

• Provision content: “Anyone who kills another person shall be punished by death, life imprisonment, or imprisonment for not less than five years.”

• Scene in the drama: A scene where Lee Seok-jun, resolved to take revenge, deliberately kills the offender.

• Legal evaluation: Murder conducted under meticulous planning is subject to aggravated punishment, and a minimum of 10 years imprisonment may be imposed.

▶ Type of crime: Concealment of a corpse

• Related legal provision: Criminal Act Article 160

• Provision content: “Anyone who conceals a corpse shall be punished by imprisonment for not more than three years.”

• Scene in the drama: A scene where the corpse is transported in a vehicle and discarded in a remote location after the crime.

• Legal evaluation: Although the statutory penalty is lower than murder itself, a clear intention to conceal the crime negatively affects sentencing.

3. Why did the victim choose revenge?

While choosing revenge due to distrust in legal procedures, it can lead to another crime. There are systems in place for victims, including criminal complaints, restraining orders, and support from public defenders.

Conclusion: The path to achieving justice is through law, not revenge

The questions raised by the drama 'The Bequeathed' are intense. However, the law in reality is colder than emotions. Even in unjust situations, they must be resolved through legal procedures and protective systems.