CONTENTS
- 1. Intimidation Complaint | How the Repeat Exam-Candidate Client Came to Be Investigated
- 2. Intimidation Complaint | The Main Issues the Criminal Attorney Reviewed
- - Strategy for Responding to the Police Investigation
- - Rebuttal of the Requirements for the Establishment of Intimidation
- - Statement of Opinion and Demonstration of Mitigating Circumstances
- 3. Criminal Threat Complaint | Result with Criminal Attorney Assistance, Non-referral
- 4. Criminal Threat Complaint | Legal Information to Be Aware Of
- - Requirements for Establishing Intimidation and the Level of Punishment
- - Why Criminal Attorney Assistance Is Needed
1. Intimidation Complaint | How the Repeat Exam-Candidate Client Came to Be Investigated
The client who received an intimidation complaint was a repeat college entrance exam candidate in his twenties.
The client had maintained a friendship with fellow students with whom he studied at a comprehensive exam-preparation academy, and he came to hear that one of these friends had not been repaid money he had lent to another student.
The friend lamented his frustration, saying that he had requested repayment several times but the other party was avoiding contact.
The client, having heard this, contacted the other party on the friend's behalf.
In the course of demanding repayment of the debt by text message, the client used expressions such as “if you keep avoiding me, I will come find you in person” and “I will not let this pass.”
Afterward, the other party who received these messages claimed to have felt threatened and submitted an intimidation complaint, and the client, charged with intimidation, became a suspect in a criminal case and underwent a police investigation.
In a situation where he was preparing to retake the college entrance exam, the client, feeling anxious that he might receive a fine for intimidation and be left with a record of criminal punishment, requested the assistance of a criminal attorney.
2. Intimidation Complaint | The Main Issues the Criminal Attorney Reviewed
The criminal attorney who reviewed the intimidation complaint case conducted a consultation with the client.
Then, the attorney established a strategy for responding to the fine for intimidation, centered on whether intimidation was actually established and on the context before and after the messages.
Strategy for Responding to the Police Investigation
The criminal attorney conducted interviews with the client, who had received the intimidation complaint, on several occasions, organizing in detail the circumstances of the text message's sending and the situation at the time.
In particular, the attorney systematically organized the process by which the client came to make contact at the friend's request, the relationship with the other party, and the actual content of the conversation, so that unnecessary misunderstandings would not arise during the investigation.
In addition, the criminal attorney advised on the matters to be stated during the police investigation and the points requiring caution, examining in advance the direction of response to the investigation and to the fine for intimidation.
Rebuttal of the Requirements for the Establishment of Intimidation
For intimidation to be established, the content of the harm announced must, when comprehensively considered in light of the various circumstances before and after the act, such as the dispositions of the actor and the victim, the surrounding circumstances at the time of the announcement, and the degree of familiarity and status and other mutual relationship between the actor and the victim, be sufficient to generally cause a person to feel fear.
The most important issue in the intimidation complaint case was whether the messages in question amounted to an announcement of harm sufficient to cause fear in an ordinary person.
The criminal attorney, in collaboration with the 🔗Digital Forensics Center, secured the entire conversation history between the client and the other party and analyzed the context of the statements.
The review confirmed that, even immediately after receiving the text messages, the other party continued an ordinary conversation with the client and even used expressions mixed with jokes.
In addition, the client had not in fact taken any action to inflict harm on the other party.
The criminal attorney emphasized that, in light of the criteria for the establishment of intimidation required by Supreme Court precedent, it was difficult to regard the messages in question as an announcement of harm to the degree of objectively causing fear.
Statement of Opinion and Demonstration of Mitigating Circumstances
The criminal attorney explained that the client had merely contacted the other party on a one-time basis at the request of a friend who asked him to help resolve a money problem, and that he had no intention of actually inflicting harm on the other party.
The attorney also actively argued the need for leniency, emphasizing that the client was a first-time offender with no record of criminal punishment and was an exam candidate diligently engaged in study in order to enter university.
3. Criminal Threat Complaint | Result with Criminal Attorney Assistance, Non-referral
The investigative authority reviewing the criminal threat complaint comprehensively examined the submitted statement of opinion and the message records.
As a result, it determined that the content of the client's text messages alone made it difficult to find that intimidation was established, and that the actual intent to harm or the degree to which fear was induced was not sufficiently recognized.
Accordingly, as the intimidation charge was not recognized against the client, a decision of non-referral was issued.
From the early stage of the investigation after receiving the criminal threat complaint, the client organized the facts and systematically examined the legal issues, and as a result was able to resolve the risk of criminal punishment such as a fine for intimidation.
4. Criminal Threat Complaint | Legal Information to Be Aware Of
If you have received a criminal threat complaint, in addition to the content of the text messages, it is necessary to comprehensively examine the context of the statements, the relationship with the other party, and the circumstances before and after the incident.
In other words, it is important to examine the overall context of the conversation at issue and the legal elements of the offense.
Requirements for Establishing Intimidation and the Level of Punishment
For intimidation to be established, a harm must be communicated to the other party, and its content must be such as to objectively induce fear.
These requirements for establishing a criminal threat complaint can be briefly summarized as follows.
Category | Content |
|---|---|
Communication of harm | Notifying the other party of content that would inflict harm |
Possibility of inducing fear | Must be to a degree that an ordinary person would feel threatened |
Intent | There must be an intention to communicate the harm |
If such an intimidation charge is established, under Article 283, Paragraph 1 of the Criminal Act, the offense is punishable by imprisonment of up to 3 years or a fine of up to 5 million won.
Why Criminal Attorney Assistance Is Needed
A criminal threat complaint case is not determined by only one or two text messages; the examination of the overall context of the conversation and the legal elements of the offense is important.
A criminal attorney systematically explains the client's position through analysis of message records, organization of the facts, preparation of statements of opinion, and response to police questioning.
In particular, when securing evidentiary materials is necessary, objective materials are reviewed and a response strategy is established through collaboration with the Evidence Investigation Center and the Digital Forensics Center.
If you are in a situation where an investigation has begun after receiving a criminal threat complaint, the facts and legal issues can be examined from the early stage of the case through the 🔗legal consultation page.
Daeryun, the ninth-largest law firm in Korea (based on 2025 National Tax Service value-added tax filings), assists with responding to a fine for intimidation through the systematic strategy of legal professionals across multiple fields.
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.
