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Q

Please tell me about the requirements for the establishment of intimidation and the level of punishment.

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I'm preparing a patent application, but I've found the procedures more complex and demanding than expected. Our company doesn't have legal specialists, so I have no idea where to start and what to prepare, which is really difficult. In particular, there's something called a formal examination before the full patent examination. What is this? I'd like to get advice from a patent specialist attorney.

intimidation

A

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For intimidation to be established, there are several important requirements.

First, as a behavioral requirement, there must be an act of notifying harm to the other party.

In addition, intent is required, which means whether the actor intentionally acted to make the victim actually feel fear.

The victim must actually feel threatened and have anxiety, and the content of the threat may include all kinds of harm such as life, body, freedom, honor, property, chastity, credit, and business.

For intimidation to be established, the harm does not necessarily have to be notified only to the victim themselves. Even if harm is notified about the victim's family, relatives, or third parties closely related to them, intimidation can be recognized if the victim actually felt fear.

In fact, in a Supreme Court precedent ([Decision dated July 15, 2010, Case No. 2010Do1017]), it is also specified that "intimidation" in the crime of intimidation means notifying harm to a degree that causes a person to feel fear, and that the crime of intimidation is established if the notification of harm not only against the victim themselves but also against a third party can cause fear in the victim.

Lastly, regarding the level of punishment, under Article 283 of the Criminal Act, in the case of general intimidation, one may be sentenced to imprisonment of up to 3 years, a fine of up to 5 million won, detention, or a minor fine.

Please confirm the details through consultation with a criminal specialist attorney.

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