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Deals & Cases

Special Intimidation

Defense Example Against an Intimidation Complaint | Non-Prosecution for a Client Charged with Special Intimidation

The client, who had been the subject of a criminal complaint for intimidation, sought out a criminal defense attorney who had handled numerous intimidation cases in order to prepare a response ahead of a police investigation on a charge of special intimidation.

CONTENTS
  • 1. A Client Facing an Intimidation Complaint
    • - Circumstances of the Special Intimidation Case
  • 2. Establishing a Defense Strategy for the Intimidation Complaint
    • - Amicable Settlement Reached
    • - Analysis of the Conduct and Its Seriousness
    • - Collecting Materials on Mitigating Factors for Leniency
  • 3. Result of the Intimidation Complaint Case: ‘Non-Prosecution’
  • 4. How to Respond to a Criminal Complaint for Intimidation
    • - What Is the Crime of Special (Aggravated) Intimidation?
    • - Level of Punishment
    • - If You Need the Assistance of a Professional
    • - FAQ on the Crime of Intimidation

1. A Client Facing an Intimidation Complaint

The client, who was facing a criminal complaint for intimidation, received the assistance of a criminal defense attorney from the police investigation stage and was able to obtain a non-prosecution decision.

Circumstances of the Special Intimidation Case

On the day of the incident, the client was sweeping fallen leaves in the alley in front of his home when the door of a vehicle parked on the shoulder suddenly opened and he nearly collided with it.

Startled, the client momentarily let out a curse, and as the other party responded in kind, an argument broke out.

In this process, when the client gripped the broom he was holding, the other party reported the matter to the police, saying that he had felt threatened.

In the end, the client was subjected to a complaint on a charge of special intimidation, and reflecting on his rash conduct, he sought the assistance of a criminal law specialist attorney who had handled numerous intimidation complaint cases in order to obtain the most lenient treatment possible.

Summary of the Circumstances of the Intimidation Complaint Case

2. Establishing a Defense Strategy for the Intimidation Complaint

Establishing a Defense Strategy for the Intimidation Complaint

Immediately after taking on the case, the criminal defense attorney carefully confirmed the circumstances in which the client came to hold the broom and the situation at the scene.


The attorney then set out in detail the client's state of mind and the purpose of his conduct in order to secure consistency in his statements during the investigation.

Amicable Settlement Reached

The client recognized that a settlement with the victim was necessary to obtain a reduction, and he requested detailed assistance on this point.

From the early stage of the case, the criminal defense attorney conveyed the client's sincere remorse and apology to the victim and conducted settlement negotiations on several occasions in order to ease the victim's psychological burden and offer at least monetary consolation.

As a result, the following objective materials were obtained from the victim and submitted to the investigative authorities.

· Statement of no desire for punishment

· Settlement agreement

· Record of the settlement payment transfer

Analysis of the Conduct and Its Seriousness

It is a clear fault that the client gripped the broom during the cursing and the dispute.

However, the criminal defense attorney closely reviewed the CCTV footage and the statements from that time and specifically established that there was no circumstance in which the client raised the broom or directly threatened the victim with it.

Through this, the attorney emphasized that a mere momentary word and act had been excessively interpreted, and submitted a written opinion that analyzed the seriousness of the conduct in detail, assisting so that the case could be assessed in a direction favorable to the client.

Collecting Materials on Mitigating Factors for Leniency

The client was an exemplary citizen who had continued social contribution activities, donating blood as a volunteer about 50 times or more.

To prove this social contribution and diligent way of life, the criminal defense attorney obtained the following materials.

- Blood donation certificate

- Employment contract

- Press materials, and more

On these grounds, the attorney actively explained the client's personal trustworthiness and the low likelihood of reoffending, strategically assisting so that the investigative authorities would accept the client's sincere remorse and the need for leniency.

3. Result of the Intimidation Complaint Case: ‘Non-Prosecution’

Result of the Intimidation Complaint Assistance Successful Defense

The criminal defense attorney actively submitted the amicable settlement with the victim and materials showing sincere remorse, and specifically explained the seriousness of the conduct.

As a result, a non-prosecution decision was obtained in the intimidation complaint case relating to special intimidation.

4. How to Respond to a Criminal Complaint for Intimidation

When you are subject to a criminal complaint for intimidation, rather than reacting emotionally, you should first clearly organize the facts and secure evidence such as records of conversations and calls with the other party.

In addition, it is important to carefully prepare the direction of your statement before the police investigation, taking care that no unfavorable remarks remain on record.

Beyond this, it is advisable to review the possibility of a settlement with the victim, and to convey a sincere intention to apologize.

What Is the Crime of Special (Aggravated) Intimidation?

Special (aggravated) intimidation is established when one or more of two principal requirements is met and the offender communicates harm to the other party, causing that person to feel fear.

- Where the intimidation is carried out by displaying the collective force of a group or a multitude

- Where the intimidation is carried out while carrying a dangerous object

In the client's case, a report was filed alleging that the client carried out intimidation while carrying a dangerous object, and the client became involved in a charge of special (aggravated) intimidation.

The Supreme Court has ruled as follows regarding "the case of carrying out intimidation while carrying a dangerous object."

Supreme Court, Judgment of March 11, 2021, 2020Do14990

"Carrying" a dangerous object
refers to possessing or keeping a dangerous object on one's person with the intent to use it at the scene of the crime.

Level of Punishment

Special (aggravated) intimidation is punished under the Criminal Act as follows.

Because this is by no means a minor matter, it is important to respond carefully and systematically from the early stage of the case.

Article 284 of the Criminal Act

Special (aggravated) intimidation

Imprisonment with labor for not more than 7 years or a fine not exceeding 10 million won

If You Need the Assistance of a Professional

In cases involving the crime of special (aggravated) intimidation, if the facts are not clearly established at the early stage, the matter may lead to an actual (custodial) sentence.

In criminal complaint for intimidation cases such as the crime of special (aggravated) intimidation, Daeryun Law Firm organizes the direction of the client's statement, and reviews and supplements the materials to be submitted to the investigative authorities.


In addition, the firm directly handles the substantive negotiation process so that an amicable settlement with the victim can be reached.

If you have become involved in a criminal complaint for intimidation case in a situation such as the above, please request assistance promptly through 🔗a legal consultation reservation.

FAQ on the Crime of Intimidation

Q. I was subject to a criminal complaint for intimidation, but I did not actually hit or injure anyone. Will I still be punished?

A. The crime of intimidation may be established even without actual assault or bodily injury, if there were threatening words or conduct sufficient to make the other party feel fear or apprehension.

Here, where a person speaks threateningly while holding an object in hand, or assumes a threatening posture, the crime of special (aggravated) intimidation may be established.

Q. What is the first thing to do when subject to a criminal complaint for intimidation?

A. First, it is important to record the situation at the time as quickly as possible.

Note in specific detail when, where, and what conversation took place, and secure materials that may serve as evidence, such as text messages, KakaoTalk messages, and call recordings.

Afterward, in preparation for the police investigation, maintain consistency in your statement, and take care to avoid unnecessary emotional expressions or exaggerated remarks.

협박고소

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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