CONTENTS
- 1. Coercion | Overview
- - Requirements for Establishment
- - Types of Coercion
- - Differences from Intimidation
- 2. Coercion | Level of Punishment
- - Sentencing Guidelines
- - Levels of Punishment as Seen Through Relevant Precedents
- 3. Coercion | If You Are a Suspect
- - If You Are Facing an Investigation?
- - Seeking to Reduce Punishment?
- - Finding It Difficult to Respond Alone?
- 4. Coercion | If You Are a Victim
- - Collecting Evidence
- - Filing a Police Report
- - Finding It Difficult to Respond Alone?
- 5. Coercion | Need Professional Assistance?
1. Coercion | Overview
Coercion is a crime that is established when a person, through assault or intimidation, obstructs another person's exercise of a right or causes the person to do something that the person is not obligated to do.
It was previously referred to as the ‘crime of obstruction of the exercise of rights by violence,’ but this was revised to ‘coercion’ in order to use a clearer legal term.
Requirements for Establishment
The assault or intimidation referred to in coercion does not necessarily have to make the victim's resistance impossible or reach an extreme level.
However, for coercion to be established, the situation must reach a degree where the victim feels fear that affects their decision-making or activities.
In addition, coercion may also be established through assault or intimidation by a third party.
Here, an act that one has no obligation to do means an act for which there is no legal obligation.
Types of Coercion
Special coercion
This is a crime established when a person commits coercion by displaying the power of a group or a multitude, or while carrying a dangerous object.
Hostage coercion
Hostage coercion is a crime in which a person arrests, confines, abducts, or induces another to take them hostage and uses this as a means to obstruct a third party's exercise of rights or to make them do an act they have no obligation to do.
Differences from Intimidation
Coercion and intimidation are both crimes that infringe on a person's freedom of decision-making, but they differ in the legal interest protected and in the requirements for establishment.
Intimidation is established merely by communicating a harm so as to instill fear in the other party, and it focuses primarily on infringing psychological freedom.
Coercion, by contrast, does not stop at inducing fear, but includes the active conduct of obstructing another person's exercise of rights or compelling that person to perform an act that is not obligatory, through assault or intimidation.
2. Coercion | Level of Punishment
The crime of coercion is punishable under the Criminal Act as follows, and an attempt that does not result in completion is also subject to punishment.
Level of Punishment for Coercion
| Article 324 (1) of the Criminal Act | Imprisonment for not more than 5 years or a fine of not more than 30 million won |
Level of Punishment for Special Coercion
| Article 324 (2) of the Criminal Act | Imprisonment for not more than 10 years or a fine of not more than 50 million won |
Level of Punishment for Hostage Coercion
| Article 324-2 of the Criminal Act | Imprisonment for a definite term of not less than 3 years |
Sentencing Guidelines
▷ Where the degree of coercion was minor
▷ Where there are circumstances particularly worthy of consideration regarding participation in the offense
▷ A motive for the offense worthy of consideration
▷ 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
Levels of Punishment as Seen Through Relevant Precedents
[Daegu District Court, Judgment of March 29, 2022, Case No. 2021 Godan 2845]
He then coerced them into acting as instructed, and where they failed to carry this out properly, he inflicted physical harm on them, thereby causing the victims to do things they were under no obligation to do, and the crime of coercion was established.
3. Coercion | If You Are a Suspect
Where a person is investigated as a suspect in a coercion case, the initial response may have a decisive effect on the direction of the investigation and the outcome of the trial.
If You Are Facing an Investigation?
When a person is investigated for coercion, the person may receive a request to appear from the police or the prosecutors' office.
Because statements at this stage may have a decisive effect not only on guilt or innocence but also on the level of punishment, it is very important to organize the facts and circumstances carefully before the investigation.
In addition, because the victim's statements and evidence are important given the nature of coercion, it is necessary to prepare one's position clearly and establish a response strategy.
Matters that must be confirmed when preparing for the investigation
▷ Identifying the content of statements by the victim and surrounding persons and preparing grounds for rebuttal
▷ Checking whether objective evidence, such as CCTV and call records, can be secured
Seeking to Reduce Punishment?
As with the sentencing factors noted above, the severity of the offense, the relationship with the victim, whether efforts were made to remedy the harm, and the attitude of remorse after the offense may operate as grounds for mitigation.
In particular, reaching a settlement with the victim or actively demonstrating efforts to prevent reoffending is important.
Practical ways to respond in order to reduce punishment
▷ Proving a settlement with the victim and efforts to remedy the harm
▷ Submitting materials on relevant circumstances that take into account any prior criminal punishment and the likelihood of reoffending
Finding It Difficult to Respond Alone?
In a coercion case, because complex issues exist, such as whether the act of coercion actually constitutes a crime, whether intent is recognized, and the relationship among accomplices, it may be advisable to obtain the assistance of a professional.
Situations in Which Legal Assistance May Warrant Active Consideration
▷ A situation in which one's position diverges greatly from the victim's statement
▷ Where an effective response is needed at the early stage of the investigation
4. Coercion | If You Are a Victim
If you have suffered harm from coercion, you should actively gather evidence and report the matter to an investigative agency.
Collecting Evidence
To prove the fact of harm, objective and specific evidence should be secured to the greatest extent possible.
Materials that show circumstances of assault or intimidation, such as photographs, videos, text messages, and recordings, should be carefully prepared.
▷ Securing text and messenger records containing abusive language or threats
▷ Collecting objective evidence such as recorded conversation files
Filing a Police Report
Once the harm has been confirmed, you should, as soon as possible, visit a nearby police station or call 112 to file a report and request a formal investigation.
When filing the report, you should convey the circumstances of the harm and the evidence you have secured in specific terms, and cooperate so that the investigation can proceed smoothly.
▷ Submit the evidentiary materials you have secured together with it
▷ Check the case number and the progress of the investigation
Finding It Difficult to Respond Alone?
Because the investigation and legal procedures are complex and the psychological burden is significant, it may be advisable to consult a criminal defense attorney or a victim support organization to receive legal advice and psychological support.
Situations in which legal assistance may warrant active consideration
▷ Where a legal response to the offender's counsel is required
▷ Where assistance is needed in a situation requiring psychological support and legal assistance
▷ Where professional advice is needed in preparation for court proceedings
5. Coercion | Need Professional Assistance?
If you are experiencing difficulty in responding to a coercion case, you may request assistance from a criminal defense attorney at Daeryun LLC at any time.
This firm includes many criminal defense attorneys who have, on average, more than 10 years of experience.
Going beyond the simple question of whether assault or intimidation occurred, the firm closely analyzes key issues that are important to the establishment of coercion, such as the assessment of intent and the credibility of the victim's statements, and prepares a tailored response.
In addition, through collaboration with the firm's own evidence investigation center, it systematically prepares the securing of various evidence, such as statement analysis, call records, and video materials, along with rebuttal arguments, so as to protect the client's position effectively.
