First-Time Special Intimidation Offense | A First-Time Special Intimidation Client, and the Criminal Attorney Who Defended Against an Actual Sentence With a Suspended Sentence

The client had maintained a romantic relationship with A (hereinafter the victim) for about two years.

The client and the victim frequently quarreled, and as a result he was under considerable emotional stress.

One day, while the client was spending time with the victim at home, they got into an argument.

As voices were raised, the victim gave the client notice of a breakup, and the client, angered by this, was unable to control his momentary emotions, ran to the kitchen, and came out holding a knife.

The client said things to the victim such as, "If you really break up with me, I will kill myself," and, "I cannot live without you," and he stabbed his own arm with the knife several times, harming himself.

The victim, who felt threatened by the client's conduct, reported the matter to the police, and the client came to be investigated by the police for a first-time special intimidation offense on the ground that he had threatened the victim while carrying a dangerous object.

The client, charged with special intimidation, requested the assistance of a criminal attorney to defend against punishment.

1) Emphasizing that the client was a first-time special intimidation offender and was sincerely remorseful

The criminal attorney emphasized that the client's conduct was a temporary act resulting from a momentary emotional outburst, and that the client was blaming himself for his conduct and suffering extreme emotional stress, having been hospitalized in a psychiatric facility and receiving treatment for more than a week.

Through this, the attorney conveyed that the client, as a first-time special intimidation offender, was sincerely remorseful for his conduct.

2) Submission of the victim's statement of no desire for punishment

The criminal attorney mediated so that the client and the victim could reach an amicable settlement and conveyed the client's sincere expression of apology to the victim, and in response the victim expressed her wish that the client not be punished.

Accordingly, the attorney submitted a formal statement of no desire for punishment and urged the court to reflect this in sentencing.

3) Highlighting the client's resolve to prevent reoffending

The attorney emphasized that the client had admitted to all of his conduct and had cooperated honestly with the investigation without evading responsibility.

The attorney also submitted psychological counseling records, certificates of completed education, and the like, arguing that the client was making steady efforts to prevent reoffending by completing psychological counseling and related education.

When responding alone, it is first important to accurately grasp the contents of the complaint and the specific facts on which the intimidation allegation turns.

Accordingly, if there are circumstances showing that there was no intent to intimidate in the statements or conduct at the time, it is advisable to organize them in advance.

In addition, you should prepare to explain not only isolated words or actions but also the overall context and intent of the conduct in light of the course of events before and after the incident.

Furthermore, if objective materials such as messenger conversations and call records are not organized, they may be interpreted unfavorably during the investigation, so caution is required.