Special Intimidation | Client Accused of Special Intimidation Defended to Non-Prosecution Through Criminal Defense Attorney Assistance

The client stated that he ordinarily suffered from a mental illness, so his emotional fluctuations were quite severe and he was vulnerable to stress.

On the day of the incident, the client felt that the watch he used was uncomfortable and tried to repair it himself, but the watch was not easily repaired, so he was under stress.

Eventually, the watch was damaged during the repair process, and the client, unable to bear the extreme stress, began to shout and lose his temper.

His startled wife came out of the room and tried to calm the client down, but the client took a knife from the kitchen and brandished it, saying “I will kill myself,” and continued his threatening behavior.

At this, the wife, in her bewilderment, reported the matter to the police, and the client came to be charged with special intimidation.

The criminal defense attorney carefully reviewed what sentencing guidelines could apply to the client and responded by constructing a tailored strategy suited to the client’s case.

1) Emphasis on the stress and the diminished capacity for judgment caused by the mental illness

The criminal defense attorney secured the opinion of the client’s psychiatric specialist, records of medication treatment, and other materials, emphasizing the fact that the client had been suffering from a mental illness for a considerable period and was accordingly in a state extremely vulnerable to stress.

The attorney also mentioned that, at the time the incident occurred, the client had temporarily stopped taking the medication he had been taking for a long period on his doctor’s recommendation, asserting that this was an accidental incident that occurred while the client was in a state in which he could not make normal judgments.

2) Conveying the wife’s wish not to have the offender punished

The attorney emphasized that the client’s wife had expressed her wish not to have him punished, stating, ‘Although I was startled at the time of the incident, I made the report out of concern that the client might come to some harm,’ and, ‘I am worried about the client and would not want him to be punished.’

Accordingly, the criminal defense attorney submitted an official statement of no wish for punishment and pleaded for leniency for the client.

3) The client’s deep remorse and his will to prevent recurrence

By submitting the client’s written statement of remorse, the attorney emphasized the client’s remorse and his will to prevent recidivism, citing the fact that the client deeply repented of and reflected on his conduct and the fact that he had resumed psychiatric treatment and, by submitting a related plan, demonstrated a strong will to prevent recurrence.

Through the criminal defense attorney’s assistance, the investigative agency recognized that this was an accidental incident that occurred in a state of diminished capacity for normal judgment, and that the client had deeply reflected and expressed his will to prevent recurrence.

Accordingly, the investigative agency issued a non-prosecution disposition on the client’s special intimidation charge.

Even where harm to the other party’s family, relatives, or a third party with whom the other party has a close relationship is communicated, the charge may be established if its content is capable of causing fear in the other party.

1. Establishing a response strategy for each investigative stage

The criminal defense attorney establishes a response strategy suited to the flow of the case, taking into account the stages from after the complaint is filed through police questioning, whether the case is referred, and the prosecutor’s judgment.

2. Detailed review of whether the charge is established and the possibility of punishment

whether the elements of special intimidation are satisfied, the interpretation of the use of a deadly weapon, and the degree of the threat.

3. Organizing favorable circumstances in accordance with the sentencing guidelines

whether there is remorse, the spontaneity, the possibility of recidivism, and the wish not to have the offender punished and responds in a direction that can obtain leniency.

If you are facing a special intimidation charge, please receive assistance through a 🔗Legal Consultation Reservation so that you can first examine the nature of the case and the direction of the response.