CONTENTS
- 1. Intimidation / Criminal Threat | Meaning
- - Requirements for Establishment
- 2. Intimidation / Criminal Threat | Types
- - Threat Against a Lineal Ascendant
- - Special (Aggravated) Intimidation
- - Public Threat
- 3. Intimidation / Criminal Threat | Level of Punishment
- - Sentencing for Intimidation as Seen Through Relevant Precedents
- - Sentencing Guidelines
- 4. Intimidation / Criminal Threat | If You Are a Suspect
- - Ascertaining the Facts
- - Preparation for the Hearing
- - Settlement with the Victim
- 5. Intimidation / Criminal Threat | If You Are a Victim
- - Criminal Complaint
- - Civil Procedure
- 6. Intimidation / Criminal Threat | Finding It Difficult to Respond Alone?
1. Intimidation / Criminal Threat | Meaning
Intimidation refers to the crime of infringing on the freedom to form one's intention by communicating harm capable of arousing fear in a person.
For intimidation to be established, an intention to inflict actual harm must be conveyed to the other party, and the victim must, as a result, have felt psychological pressure.
Intimidation may take various forms, including verbal threats, threats conveyed in writing, and threats implied through conduct.
Requirements for Establishment
For the crime of intimidation to be established, the following elements must be satisfied.
Act | The act of communicating harm to the victim |
Intent | Acting deliberately so as to make the victim feel threatened |
Anxiety | A situation in which the victim actually feels threatened and experiences fear |
Content of the threat | Any harm to life, body, liberty, reputation, property, chastity, credit, or business |
The offense is not necessarily established only when harm is communicated against the other party in person.
Even where harm is communicated against the other party's family, relatives, or a third party in a close relationship, this offense may be established if the content can instill fear in the other party.
Here, a third party may include not only a natural person but also a legal entity.
For example, where harm is communicated against the company to which the other party belongs, intimidation may be found if the other party actually felt fear, considered together with the content, the relationship of the parties, and the party's position within the legal entity.
However, because this offense protects freedom of decision-making, a legal entity itself cannot be the object of the crime of intimidation.
[Supreme Court Decision 2010Do1017, decided July 15, 2010]
In this case, a 'third party' includes not only a natural person but also a legal entity.
2. Intimidation / Criminal Threat | Types
Intimidation, including ordinary intimidation, is divided as follows according to the method and the target.
Threat Against a Lineal Ascendant
A threat against a lineal ascendant refers to the act of threatening one's own or one's spouse's lineal ascendant, such as a parent or grandparent.
This is defined as a ground for aggravated punishment that is punished more heavily under the Criminal Act than simple intimidation.
Special (Aggravated) Intimidation
Special (aggravated) intimidation, unlike ordinary intimidation, applies when a person makes a threat by using a deadly weapon or a dangerous object, or by displaying the power of a group or a multitude.
In other words, it refers to conduct that goes beyond mere words or actions and instills real fear in the other party through a means capable of inflicting actual harm or through collective force.
Public Threat
Public threat refers to an act of openly threatening an unspecified number of people by stating an intention to inflict harm on their lives or bodies.
In other words, it refers to a case in which a person openly makes threats in order to instill fear in many people rather than a specific individual.
3. Intimidation / Criminal Threat | Level of Punishment
The levels of punishment for intimidation are as follows.
If the offenses below are committed habitually, punishment may be increased by up to one half, and an attempt may also be subject to punishment.
Level of Punishment for Ordinary Intimidation
| Article 283 (1) of the Criminal Act | Imprisonment for not more than 3 years, a fine not exceeding 5 million won, detention, or a minor fine |
Level of Punishment for Threat against a Lineal Ascendant
| Article 283 (2) of the Criminal Act | Imprisonment for not more than 5 years or a fine not exceeding 7 million won |
Level of Punishment for Special (Aggravated) Intimidation
| Article 284 of the Criminal Act | Imprisonment for not more than 7 years or a fine not exceeding 10 million won |
Level of Punishment for Public Intimidation
| Article 116-2 of the Criminal Act | Imprisonment for not more than 5 years or a fine not exceeding 20 million won |
Sentencing for Intimidation as Seen Through Relevant Precedents
[Daejeon District Court, Judgment of November 20, 2023, Case No. 2023 Godan 578]
As a result, both ordinary intimidation and special (aggravated) intimidation using a deadly weapon were applied, and ultimately,
[Ulsan District Court, Judgment of October 12, 2017, Case No. 2017 Godan 1984]
As a result of these acts, the offense of special intimidation of a lineal ascendant using a deadly weapon was established, and
Sentencing Guidelines
▷ Where the degree of intimidation was minor
▷ Where there are circumstances particularly worthy of consideration regarding participation in the offense
▷ Where the victim also bears considerable responsibility for the occurrence of the offense or the expansion of the harm
▷ Mental and physical weakness
▷ Voluntary surrender or whistleblowing
▷ The victim's wish not to punish or recovery of the harm (including a deposit in court)
▷ Passive participation
▷ Sincere repentance
▷ No record of criminal punishment
4. Intimidation / Criminal Threat | If You Are a Suspect
If you are facing an investigation for intimidation, it is important to calmly review whether your conduct actually caused a threat to the other party and whether it legally constitutes the crime of intimidation.
Ascertaining the Facts
The core of the crime of intimidation is whether the other party actually felt fear, and whether there was any speech or conduct that caused that fear.
It is important to organize the circumstances before and after the incident in detail, and to examine in concrete terms the circumstances that may rebut the allegation.
Points to Note When Responding Alone
→ If there are circumstances that can prove the absence of intent to intimidate, organize them
→ Organize the matter so that the overall context and intent of the speech and conduct can be explained
→ Organize the related evidence (messenger records, call logs, and the like) to prepare an objective explanation
Preparation for the Hearing
If the matter may proceed to trial, you should organize the circumstances favorable to your position in a systematic manner.
Points to note when responding on your own
→ Organize specific circumstances such as the relationship with the victim and the situation before and after the incident
→ Prepare materials or a sincere attitude that can demonstrate efforts to prevent reoffending
Settlement with the Victim
Intimidation is a “crime not punishable against the victim’s will,” meaning that prosecution cannot proceed if the victim expresses an intention not to seek punishment.
A settlement with the victim is therefore very important.
Points to note when responding on your own
→ Draft the settlement agreement specifically and clearly to remove any room for misunderstanding
→ Keep related records carefully even after the settlement to prevent unnecessary disputes
5. Intimidation / Criminal Threat | If You Are a Victim
A victim of the crime of intimidation who has felt fear or anxiety as a result of the threat may promptly report it to the police and, where necessary, proceed with the criminal complaint process with the assistance of an attorney.
Securing evidence containing the content of the threat, and preparing for future legal proceedings, may also be important.
Criminal Complaint
A victim of intimidation may submit a criminal complaint to an investigative agency and request criminal punishment.
The complaint should include the specific content of the intimidation and the circumstances in which it occurred, the personal details of the other party, and supporting evidence, and whether to indict is then determined according to the police investigation and the prosecutor's judgment.
Points to note when responding alone
→ Systematically collect materials that may serve as evidence, such as text messages, recordings, and statements of third parties
→ In the complaint, describe in specific terms the concrete situation in which the intimidation occurred and the fear experienced
→ Cooperate sincerely with the investigative agency's questioning, and maintain consistency in the content of the statements
Civil Procedure
If harm such as mental suffering or interference with business has resulted from the intimidation, the victim may claim damages, including consolation money, through a civil lawsuit.
This procedure proceeds separately from the criminal complaint, and the victim bears the burden of proving the harm caused by the act of intimidation.
Points to note when responding on your own
→ Prepare evidence that can prove the harm, such as text messages, recordings, treatment records, and counseling records
→ In the claim for damages, clearly state the content of the intimidation, the extent of the harm, and the amount claimed
→ Be careful not to miss the deadlines for submitting documents required for the civil lawsuit
6. Intimidation / Criminal Threat | Finding It Difficult to Respond Alone?
Our firm has many criminal defense attorneys with court and prosecution experience, and from the early stage of a case it conducts a careful consultation to accurately assess the matter and establish a tailored response strategy.
Where civil proceedings are necessary, it also works with civil litigation attorneys to provide comprehensive support, including legal procedures for recovery of losses such as a claim for damages.
If you are in a situation that requires investigation or a response in an intimidation case, you may review the case issues and response strategy through a 🔗criminal defense attorney legal consultation booking.
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