CONTENTS
- 1. The Client Who Faced a Complaint for a Threat Against a Lineal Ascendant
- - What Is a Threat Against a Lineal Ascendant?
- 2. Assistance for the Client in the Threat Against a Lineal Ascendant Case
- - Strategy for Responding to a Threat Against a Lineal Ascendant Complaint 1. Explaining the Circumstances of the Case
- - Strategy for Responding to a Threat Against a Lineal Ascendant Complaint 2. Arguing That the Client Suffered From Depression
- 3. Client Charged With a Threat Against a Lineal Ascendant, Case Concluded With a Light Fine
1. The Client Who Faced a Complaint for a Threat Against a Lineal Ascendant
A client who faced a complaint for a threat against a lineal ascendant requested representation.
The client explained that there were aspects that felt somewhat unfair and wished to avoid any serious punishment.
Daeryun closely reviewed the circumstances of the threat against a lineal ascendant and undertook to assist with the threat complaint case.
What Is a Threat Against a Lineal Ascendant?
A threat against a lineal ascendant is a type of 🔗intimidation and refers to intimidation directed at a lineal ascendant.
What distinguishes it from ordinary intimidation is that, because the relationship of status increases culpability, it constitutes a status-based offense for which responsibility is aggravated, and it serves as a ground for aggravated punishment.
Whereas ordinary intimidation is punishable by imprisonment for not more than 3 years or a fine not exceeding 5 million won, a threat against a lineal ascendant is punishable by imprisonment for not more than 5 years or a fine not exceeding 7 million won.
The requirements for a threat against a lineal ascendant are the same as those for ordinary intimidation.
The offense is committed when, with the purpose of instilling fear in the other person, one threatens that person to a degree that would harm their life, body, freedom, or reputation.
2. Assistance for the Client in the Threat Against a Lineal Ascendant Case
For the client in the threat against a lineal ascendant case, the attorney explained the circumstances of the threat complaint case and devised a defense strategy on the basis that the conduct had not been intentional.
Strategy for Responding to a Threat Against a Lineal Ascendant Complaint 1. Explaining the Circumstances of the Case
The attorney who represented the client in the threat against a lineal ascendant case explained the circumstances under which the client came to make the statements in question.
The client had had a serious dispute with her older brother in the course of receiving a gift of their late father's real estate.
While their father was alive, the client had even repaid his debts on her own.
For that reason, the father had also promised to give the real estate he owned to the client.
As it turned out, however, the client learned that, before passing away, the father had transferred ownership to her older brother.
Enraged, the client sent text messages containing statements such as, “Are you even human? Just wait. I will ruin the lives of you and your children too.”
The attorney who represented the client in the threat against a lineal ascendant case argued that the messages had merely been sent by the client in a fit of anger and that the client had not threatened the other person with the purpose of instilling fear.
Strategy for Responding to a Threat Against a Lineal Ascendant Complaint 2. Arguing That the Client Suffered From Depression
The attorney who represented the client in the threat against a lineal ascendant case argued that the client ordinarily suffered from depression and was receiving psychiatric treatment.
Owing to the effects of her depression and longstanding hurt feelings toward her older brother, the complainant, the client had sent text messages and made calls on several occasions, but because of her mental health condition, she frequently acted without later remembering what she had done.
The attorney who represented the client in the threat against a lineal ascendant case stated that the somewhat excessive messages and remarks were in part due to the effects of the client's depression, and submitted the psychiatric treatment records as evidence.
3. Client Charged With a Threat Against a Lineal Ascendant, Case Concluded With a Light Fine
The client, who faced a complaint for a threat against a lineal ascendant, was sentenced to a light fine and was able to conclude the case.
The client explained, “I truly never imagined that words said in the heat of the moment would lead to a charge of threat against a lineal ascendant. With the attorney's help, I was able to conclude the case quickly.”
Because crimes against lineal ascendants carry a higher sentence than other crimes, even an impulsive act may result in serious punishment.
If you have become involved in a charge such as a threat against a lineal ascendant, you should obtain the help of an attorney from the early stages to attempt a settlement with the victim or to devise a defense strategy to guard against punishment.
Daeryun Law Firm is a firm where consultations and urgent responses are available 24 hours a day, 365 days a year, and where you can request assistance at any time from its offices across the country.
If you have become involved in a charge such as a threat against a lineal ascendant and are looking for a 🔗attorney, please contact Daeryun Law Firm.
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.
