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Deals & Cases

Violation of the Act on Aggravated Punishment of Specific Crimes (retaliatory threat), False accusation

Criminal Complaint for Intimidation | Criminal Law Attorney Defended Against an Actual Sentence Despite Retaliatory Threat and False Accusation Allegations

This is the account of a client who was at risk of an actual sentence due to a criminal complaint for intimidation. Together with a criminal law attorney, we will examine the requirements for the establishment of the crime of intimidation and the crime of retaliatory threat, as well as the key points of the legal response.

CONTENTS
  • 1. Details of the Criminal Complaint for Intimidation Case
    • - The Criminal Law Attorney's Assistance
  • 2. Result of the Criminal Complaint for Intimidation Case
    • - Explanation of the Concept of the Crime of Intimidation
    • - Requirements for the Establishment of the Crime of Retaliatory Threat
    • - The Concept and Requirements for the Establishment of the Crime of False Accusation
  • 3. Key Points for Responding to the Criminal Complaint for Intimidation Case
    • - The Need for Daeryun

1. Details of the Criminal Complaint for Intimidation Case

The client, who was subjected to a criminal complaint for intimidation, went on a blind date with a man through an acquaintance's introduction.

The mood became pleasant and led to a casual drinking gathering, and the client had developed a favorable impression of the man.

The problem arose after the drinking gathering. The man suddenly dragged the client to an emergency staircase and forcibly attempted to kiss her, and to escape from her fear, the client kicked the man's leg and fled the scene.

However, a few days later, the man filed a criminal complaint for assault, claiming that the client had hit him.

In an agitated state over the unfairness, the client told the man that she "would report him as a sexual assault offender if he did not withdraw the complaint," and on this basis, the man additionally filed complaints against the client for the crime of retaliatory threat under the Act on Aggravated Punishment of Specific Crimes and, further, for the crime of false accusation.

As a message sent in a fit of temper expanded into serious crimes and she faced the risk of an actual sentence, the client came to receive the assistance of a criminal law attorney at Daeryun Law Firm.

Details of the criminal complaint for intimidation case

The Criminal Law Attorney's Assistance

The criminal law attorney structured the following strategy centered on "mitigating circumstances."

① Detailed explanation that the manner of the offense was minor

There was only a single message, it was not a repeated or premeditated threat, and there was no exercise of physical force or any additional threat.

Accordingly, the attorney emphasized that the offense in this case was a one-time remark that occurred impulsively.

② Structural explanation that the offense was accidental

The client was experiencing the urgent situation of an attempted sexual molestation, the counterattack of an assault complaint, and the resulting psychological shock during that period.

Therefore, the attorney submitted materials demonstrating that the message was not a calculated retaliatory intent but a typical accidental offense arising amid momentary anger.

③ Active presentation of the victim's contribution to fault

The origin of the incident was the man's attempt at forcible physical contact, and this was a situation in which the client could not help but feel extreme shame and fear.

In other words, the attorney argued that the responsibility for triggering the dispute lay substantially with the other party, which is an important factor in the sentencing determination.

④ Clarification of the absence of any criminal record and of social ties

The client maintained a normal working life, had no criminal record, and held stable social relationships with family and acquaintances.

On this basis, the attorney requested that leniency be granted to the client.

⑤ Emphasis on the circumstances of child-rearing: excessive hardship in the event of detention

The client was solely raising a minor child, and the attorney organized and submitted detailed materials showing that, if an actual sentence were imposed, serious harm would arise to the child's livelihood, upbringing, and education.

⑥ Sincere remorse and efforts to ease the sense of harm

The attorney submitted a letter of remorse, a plan to prevent reoffending, psychological counseling records, and letters of appeal to persuasively present the change in the client's attitude and her sincere remorse.

⑦ Comprehensive explanation extending to health condition and living environment

The medical materials showing that the client had been receiving mental health treatment due to continuous stress and symptoms of anxiety operated favorably in the assessment of the background of the offense and the likelihood of future reoffending.

2. Result of the Criminal Complaint for Intimidation Case

After hearing the criminal law attorney's oral argument, the court comprehensively considered the client's circumstances and imposed a suspended sentence instead of an actual sentence.

This was the result of accurately separating and analyzing the facts and the legal elements at the early stage and logically persuading the investigative agency and the court of the absence of purpose and intent, which played a decisive role.

Explanation of the Concept of the Crime of Intimidation

The crime of intimidation is not merely an unpleasant remark or an expression of anger; there must be a communication of harm to a degree sufficient to induce realistic and concrete fear in the other party.

In other words, it is established only when there is an intent and content amounting to a threat that could make the other party afraid.

  • Communication of harm (a remark or conduct to the effect of "I will inflict harm")
  • The possibility of inducing fear in the other party
  • There must be intent (an intent to threaten)
  • There is no need to actually inflict harm

Requirements for the Establishment of the Crime of Retaliatory Threat

The crime of retaliatory threat is punished far more severely than the ordinary crime of intimidation, and its requirements for establishment are also strict.

  • It must be related to a complaint, statement, testimony, or the like
  • There must be a purpose of retaliation against the other party
  • It must take the form of a crime prescribed by law, such as threat, bodily injury, or assault
  • As a crime of specific purpose, proof of the intent and purpose is the key element

The levels of punishment relating to the crime of intimidation are as follows.

Crime

Statutory Provision

Punishment

Crime of intimidation

Article 283(1) of the Criminal Act

Imprisonment of up to three years or a fine of up to 5 million won

Threat against a lineal ascendant

Article 283(2) of the Criminal Act

Imprisonment of up to five years or a fine of up to 7 million won

Crime of retaliatory threat

Article 5-9(2) of the Act on Aggravated Punishment of Specific Crimes

Imprisonment for a definite term of at least one year

Serious crimes such as retaliatory murder

Article 5-9(1) of the Act on Aggravated Punishment of Specific Crimes

Death, life imprisonment, or imprisonment for at least ten years

The Concept and Requirements for the Establishment of the Crime of False Accusation

The crime of false accusation is not established merely by the submission of a complaint; rather, all of the following elements must be satisfied.

  • A false fact must have been reported
  • There must be a purpose of having the other party subjected to a criminal or disciplinary disposition
  • There must be an awareness that it is false

Pursuant to Article 156 of the Criminal Act, a person who reports a false fact with the purpose of having another subjected to a criminal or disciplinary disposition shall be subject to imprisonment of up to ten years or a fine of up to 15 million won.

3. Key Points for Responding to the Criminal Complaint for Intimidation Case

Key points for responding to the criminal complaint for intimidation case

  • Reviewing the entire context of the threatening message and conversation: there are many cases in which intent to threaten cannot be concluded from only a portion of the sentences

  • Distinguishing whether the "communication of harm" is an actual threat or an expression of emotion: the analysis must apply legal standards of judgment without fail

  • Examining whether there was a retaliatory purpose connected to a complaint or statement: because retaliatory threat under the Act on Aggravated Punishment of Specific Crimes is a crime of specific purpose, proof of the purpose is the key

  • The crime of false accusation is not established without an "awareness that it is false": the client's psychological state, situation, and content of awareness at the time must be proven

  • Preparing the statement and drafting the written opinion: because the contents of the interrogation record carry through to trial, a structured statement is necessary

  • Active submission of mitigating factors: child-rearing, livelihood, a letter of remorse, a plan to prevent reoffending, and the like are very important

The Need for Daeryun

In criminal complaint for intimidation cases, Daeryun Law Firm provides the following one-stop response service.

  1. Legal analysis of cases involving multiple allegations such as threat, retaliatory threat, and false accusation
  2. Structuring of evidence such as KakaoTalk messages, call records, and circumstantial evidence
  3. Preparation of questions and answers for police and prosecution questioning, and accompaniment
  4. Strategy for submitting the defense counsel's written opinion, letter of remorse, and letters of appeal
  5. Sentencing strategy and analysis of the possibility of a suspended sentence
  6. Risk management, including measures prohibiting contact with the victim
  7. Comprehensive design extending, where necessary, to a counter-complaint strategy for false accusation

Because a criminal complaint for intimidation case is one in which a single emotional message can expand into a serious crime, the initial response is more important than anything else.

There are cases in which clients in situations similar to that of this client avoided the risk of an actual sentence and obtained a suspended sentence, so if you are facing related allegations, 🔗legal consultation reservation is available for you to proceed with.

협박죄고소 | 보복협박·무고 혐의에도 실형 방어한 형사전문변호사

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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