CONTENTS
- 1. Complaint for intimidation | How the client who took the exam again was investigated
- 2. Complaint for intimidation | Key Issues Reviewed by Criminal Lawyers
- - Police investigation response strategy
- - Refutation of the requirements for establishing the crime of intimidation
- - Statement of opinion and explanation of normal relations
- 3. Complaint for intimidation | As a result of the assistance of a criminal lawyer, the case was not forwarded.
- 4. Complaint for intimidation | Legal information you need to know
- - Requirements for establishing the crime of intimidation and level of punishment
- - Why you need help from a criminal lawyer
1. Complaint for intimidation | How the client who took the exam again was investigated
The client who received the intimidation complaint was a retaken student in his 20s.
The client maintained a close relationship with students who studied with him at a comprehensive academy.I heard that one of my friends was not getting back money he had lent to another student.
My friend expressed his frustration by saying that he had requested repayment several times, but the other party was avoiding contact.
After hearing this, the client contacted the other party on behalf of his friend.
In the process of requesting debt repayment via text message, the client used expressions such as “If you continue to avoid it, I will come to you in person” and “I will not let this go on.”
Afterwards, the person who received the message claimed that he felt threatened and filed a complaint for intimidation, and the client was accused of intimidation, became a suspect in a criminal case, and was investigated by the police.
As he was preparing to take the college entrance exam again, the client felt anxious that he might end up with a criminal record due to receiving a fine for threatening, so he requested assistance from a criminal lawyer.
2. Complaint for intimidation | Key Issues Reviewed by Criminal Lawyers
The criminal lawyer who reviewed the case of the intimidation complaint consulted with the client.
andEstablish a strategy for responding to fines for threats based on whether the crime of threatening is actually committed and the context before and after the message.I did it.
Police investigation response strategy
A criminal lawyer received a complaint for intimidation.We conduct several interviews with the client and detail the circumstances surrounding the sending of the text message.I did it.
In particular, we prepared to systematically organize the process by which the client contacted us after receiving a request from a friend, the relationship with the other party, and the content of the actual conversation to prevent unnecessary misunderstandings from occurring during the investigation process.
alsoA criminal lawyer guides you on what to say and what to watch out for during the police investigation, and checks in advance the direction of the investigation and response to fines for threatening crimes.I did it.
Refutation of the requirements for establishing the crime of intimidation
For a crime of intimidation to be established, the content of the harm notified must be sufficient to cause fear in people in general, considering various circumstances before and after the act, such as the inclinations of the actor and the victim, the surrounding situation at the time of notification, and the mutual relationship such as the degree of familiarity and status between the actor and the victim.
The most important issue in the intimidation complaint case was whether the message constituted a notice of harm sufficient to cause fear in the general public.
Criminal lawyer 🔗Digital Forensic CenterIn collaboration with , we obtained the entire conversation history between the client and the other party and analyzed the context of the remarks.
As a result of verification, the other person continued to have a normal conversation with the client immediately after receiving the text message, and even used joking expressions.
Additionally, there was no fact that the client actually did anything to harm the other party.
The criminal lawyer emphasized that in light of the standards for establishing the crime of intimidation required by Supreme Court precedent, it is difficult to view the message as a notice of harm that is objectively enough to cause fear.I did it.
Statement of opinion and explanation of normal relations
The criminal lawyer only contacted the client on a one-time basis after receiving a request from a friend to resolve a financial problem.Explain that there was no intention to cause actual harm to the other party.I did it.
In addition, he actively argued for the need for leniency, emphasizing that the client is a first-time offender with no history of criminal punishment and a student who is diligently studying for the exam to go to college.
3. Complaint for intimidation | As a result of the assistance of a criminal lawyer, the case was not forwarded.
The investigative agency that reviewed the intimidation complaint case comprehensively reviewed the submitted opinions and conversation details.
As a result, it was judged that it was difficult to see that the content of the client's text message alone constituted a crime of intimidation, and that the actual intent to cause harm or the degree of inducing fear was not sufficiently recognized.
Accordingly, the client was not admitted to the charge of intimidation.decision not to sendThis has been taken down.
As a result of organizing the facts and systematically reviewing legal issues from the beginning of the investigation when the client received the intimidation complaint, he was able to eliminate the risk of criminal punishment, including fines for intimidation.
4. Complaint for intimidation | Legal information you need to know
If you receive a complaint for intimidationIn addition to the content of the text, it is necessary to comprehensively review the context of the statement, the relationship with the other party, and the circumstances before and after the incident.There is.
That is, it is important to review the context and legal requirements of the entire conversation in question.do.
Requirements for establishing the crime of intimidation and level of punishment
In order to constitute a crime of intimidation, the harm must be notified to the other party, and the content must be objectively sufficient to cause fear.
A brief summary of the requirements for filing a complaint for threats is as follows:
division | detail |
|---|---|
notice of harm | Notification of content that may cause harm to the other party |
Potential to cause fear | The general public must feel threatened. |
intentionality | Must be willing to report harm |
If such a charge of intimidation is established, it will be subject to Article 283, Paragraph 1 of the Criminal Act.Imprisonment of up to 3 years or a fine of up to 5 million wonYou will be in a situation.
Why you need help from a criminal lawyer
The case of the intimidation complaintIt is important to review the entire conversation context and legal requirements rather than just one or two sentences.do.
Criminal lawyers systematically explain their clients' positions by analyzing conversation history, organizing facts, writing opinions, and responding to police investigations.
In particular, when it is necessary to secure evidence, we review objective data and establish a response strategy through collaboration with the Evidence Investigation Center and the Digital Forensics Center.
If you are in a situation where an investigation is underway after receiving a complaint for intimidation, from the beginning of the case 🔗Legal consultation reservationPlease review the facts and legal issues through .
Daeryun, the 9th largest law firm in Korea (based on 25 years of value-added tax reporting to the National Tax Service), helps respond to fines for blackmail through systematic strategies from legal experts in various 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.
