Namyangju Criminal Attorney Case Result | With the Assistance of Daeryun's Namyangju Criminal Attorney, a Non-Prosecution Disposition Was Obtained for Intimidation and Insult

Daeryun's Namyangju criminal attorney examined the situation closely in order to defend the client's criminal case.

The situation of the Namyangju criminal case client is as follows.

The client's child had been continually teased by the complainant's child.

The complainant's child continually harassed and teased the client's child, saying things such as, ‘Why are you so ugly, why are you so short, you do not even eat, do you?’

The client had let it pass each time, thinking it was a matter between children, but as the words and conduct gradually worsened, the client approached the complainant's child.

The client said, ‘Why do you keep teasing my child? Could you please stop?’

The complainant's child then went crying to the complainant, the father, and told him that the client had scolded and threatened the child.

Having heard this from the child, the complainant immediately called the client and began to confront the client.

The flustered client replied, ‘I never scolded or threatened the child. Because the child kept teasing my child, I asked politely that the child stop.’

However, the complainant began to demand compensation for mental harm, stating that the complainant's child was suffering from trauma and unable to sleep at night, and that the complainant was also under stress and unable to go to work.

The client did not provide compensation and was made the subject of a criminal complaint by the complainant on a charge of intimidation and insult.

The client therefore came to the Namyangju criminal attorney at Daeryun Law Firm in order to resolve the matter.

■ Criminal Act Article 283
A person who intimidates another shall be punished by imprisonment for not more than 3 years, a fine not exceeding 5 million won, detention, or a minor fine.

■ Criminal Act Article 311 (Insult)
A person who publicly insults another shall be punished by imprisonment with or without labor for not more than 1 year or a fine not exceeding 2 million won.

■ Supreme Court Precedent of 2016, and others
The insult referred to in the crime of insult means expressing, without stating any fact, an abstract judgment or contemptuous emotion sufficient to lower a person's social evaluation.
Nor is it required that the victim's external reputation be actually infringed, or that a concrete and actual risk of infringement arise.

■ Supreme Court Precedent of 2016, and others
The Supreme Court has recognized a case in which a person who shouted profanity at a police officer who had responded to a 112 report was found to have committed an act of insult, in that the person directed profanity containing contemptuous expressions at the individual police officer, thereby creating a risk of lowering the evaluation of the individual police officer's personal worth.

The Namyangju criminal attorney reviewed past precedents in order to establish that there was no suspicion of crime against the client.

According to Supreme Court precedent, in order for the crime of intimidation to be established, the notice of harm must, when various factors are considered together, such as the dispositions of the actor and the other party, the surrounding circumstances at the time of the notice, and the situation before and after the act, be sufficient to instill fear in a general sense.

In this Namyangju criminal case, the complainant claimed that the client had threatened the complainant's child while using abusive language.

However, intimidation generally means giving notice of harm to a degree sufficient to instill fear in a person.

However, in this Namyangju criminal case, the client did not give notice of any harm.

The Namyangju criminal attorney argued that the victim's claims were all false, because there was not even a possibility that the victim would feel fear as a result of the client's words.

If you are involved in a crime related to intimidation or insult, it is advisable to seek the assistance of a criminal attorney.

This is because, with the assistance of a criminal attorney, you can carry out various defense activities tailored to your situation, such as settlement or non-prosecution.

The criminal attorneys at Daeryun Law Firm provide legal services tailored to the client from the early stage of the case through the trial stage, based on extensive trial and investigation experience.

If you are involved in a criminal case in Namyangju related to intimidation or insult as described above, please reach out to the Namyangju criminal attorney at Daeryun Law Firm.