Case of Assistance with a Violation of the Act on Aggravated Punishment of Specific Crimes | Non-referral for a Client Charged with a Violation of the Act on Aggravated Punishment of Specific Crimes and Multiple Criminal Charges

In this case, the key issue was whether the dangerous conduct during the movement of the vehicle that the other party claimed actually constituted the charge of violating the Act on Aggravated Punishment of Specific Crimes.

The other party was claiming that the client, in the course of the movement of the vehicle, demanded repayment of money and engaged in conduct that could cause harm.

Accordingly, the attorney specializing in criminal law comprehensively reviewed the text messages, social media conversation records, and call records submitted by the client, and closely analyzed the situation at the time of the incident in collaboration with this law firm's Digital Forensics Center.

As a result, it could be confirmed that there were some differences between the dangerous situation that the other party claimed and the actual circumstances, and that there were portions in which it was difficult to definitively conclude that there had been an immediate risk of an accident or a direct intent to cause harm in the actual course of operating the vehicle.

In addition, by organizing the flow of the conversation and the background of the conduct at the time the vehicle was moving in chronological order, the attorney prepared a response strategy centered on the point that it was difficult to view the actual background of the case solely as a one-sided threatening situation, as the other party claimed.

The other party was expanding the criminal proceedings against the client by claiming that not only the conduct during the movement of the vehicle but also the subsequent contacts were repeated threatening acts.

Furthermore, the other party claimed that the client continuously sent coercive contacts and messages that created anxiety to the other party and the other party's family.

Accordingly, the criminal attorney objectively analyzed the actual number of contacts, whether the calls were connected, and the content of the messages, based on the statements and materials submitted by the other party.

As a result, although there were circumstances showing that some of the contacts were made in connection with the financial repayment matter, a direct intent to cause harm or circumstances continuously inducing fear at the level the other party claimed were not clearly confirmed from the objective materials.

In addition, the attorney constructed the response logic centered on the point that the threatening messages directed at the family also differed from the actual materials, and provided assistance in the direction of contesting the credibility of the complaint as a whole.

In a criminal case, the direction and result of the investigation can vary depending on the content of the initial statement, so the response to the police investigation is very important.

In addition, because this case involved both the situation at the time the vehicle was moving and the background of the subsequent contacts, a process of organizing the entire flow of the case was needed so that some expressions or acts would not be interpreted in isolation.

The Daeryun criminal attorney held consultations with the client several times before the investigation, and organized the background of the financial matter, the situation at the time the vehicle was moving, and the actual content of the contacts in chronological order.

The attorney also closely reviewed the portions of the other party's claims that differed from the facts and the expressions that could give rise to misunderstanding, and systematically prepared the anticipated questions and the direction of the answers.

Based on this, the attorney attended the police investigation, corrected any improper pressure or the direction of the statements, and reviewed the suspect interrogation record.

The attorney assisted the client in maintaining a consistent statement centered on the facts rather than responding emotionally during the investigation, and led the investigative agency to be able to review the background of the case more comprehensively.

This case is a matter in which a violation of the Act on Aggravated Punishment of Specific Crimes (assault on a driver) and a charge of intimidation, among others, were at issue together in the course of a financial conflict that arose after the end of a romantic relationship.

In particular, the other party filed a criminal complaint, claiming that the client engaged in dangerous conduct that could cause harm while the vehicle was moving, and that the client subsequently continued with repeated threatening contacts and coercive messages.

During the investigation, the main issue was confirmed to be whether the conduct that occurred while the vehicle was operating was at the level of a mere emotional clash or constituted conduct that could create a driving hazard.

The level of punishment for each related charge is as follows.

Act on Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (Aggravated Punishment for Assault, etc. against a Driver of a Vehicle in Operation)

Criminal Act, Article 283 (Intimidation)

As such, even if conduct arises in the course of a financial matter or a relationship conflict, it can expand into several criminal cases depending on the situation, so it is important to systematically organize the facts and the objective materials from the early stage and to confirm the direction of the response.

In cases involving a violation of the Act on Aggravated Punishment of Specific Crimes related to assault on a driver, whether there was a possibility of a hazard arising during the actual operation and the degree of the conduct are reviewed as key matters.

Even for the same conduct, the legal judgment may vary depending on the operating status of the vehicle, the situation at the time, and the background of the conduct.

The investigative agency generally determines whether a charge is established by comprehensively considering the factors below.

If only some scenes or expressions are interpreted separately, there is a possibility that the actual situation will be judged differently, so the process of specifically organizing the entire flow of the case is important.

A case of assault or intimidation against the driver of a moving vehicle may, if treated as a simple altercation and handled carelessly, lead to heavier criminal liability than anticipated.

When only certain scenes or statements regarding conduct that occurred while a vehicle was in motion are emphasized in how they are conveyed, there is also a possibility that the conduct will be interpreted as a dangerous act contrary to the actual intent.

For this reason, at the early investigation stage, the process of organizing in detail, based on objective materials, the circumstances at the time the vehicle was being operated, the flow of the conversation, and the course of the conduct is important.

Daeryun, the ninth-largest law firm in Korea (based on 2025 National Tax Service value-added tax filings), systematically analyzes matters such as the circumstances at the time the vehicle was moving and the differences between the other party's assertions and the objective materials from the initial consultation stage, and it provides legal services tailored to each case.

In addition, when necessary, it collaborates with the Digital Forensics Center to analyze deleted materials and the flow of conversations, and it provides systematic assistance extending to the direction of responding to the investigation so that no unfavorable statements or misunderstandings arise during the police investigation.

If you are facing a police investigation or criminal proceedings on a charge of violating the Act on Aggravated Punishment of Specific Crimes and require legal consultation, you may review the direction of your response through a 🔗legal consultation.